ORS 105.148
Contesting plaintiff’s affidavit or declaration of noncompliance
- ex parte review of hearing request
- delaying execution upon judgment of restitution
(1)
Intentionally left blank —Ed.(a)
To contest a plaintiff’s affidavit or declaration of noncompliance under ORS 105.146 (Failure of defendant to perform as ordered) and delay expiration of the notice of restitution period or execution upon the judgment of restitution, a defendant shall file a request for hearing with the clerk of the court. The request must be filed prior to issuance by the clerk of a writ of execution of judgment of restitution and must include a statement by the defendant describing how the defendant complied with the order or describing why the defendant should not be required to comply.(b)
A court may, as part of the procedure authorized by ORS 105.146 (Failure of defendant to perform as ordered) (6), require that a defendant submit a hearing request to the court for ex parte review prior to the defendant’s filing the request with the clerk. If the court provides for ex parte review, the ex parte review must be available every judicial day for appearance by the defendant before the court within the time period between service of the notice of restitution and the date of expiration of the notice of restitution. The notice of restitution must include or have attached to it a description of the requirements for appearing before the court for ex parte review and a copy of the hearing request form. The court may not require that the defendant notify the plaintiff of the defendant’s intention to appear before the court. If, after hearing the defendant at the ex parte review, the court finds that the reasons given by the defendant for opposing the plaintiff’s affidavit or declaration of noncompliance do not relate to the issues listed in ORS 105.149 (Hearing on compliance with order) (2), the court shall deny the request for a hearing.(2)
The clerk shall make available a document providing for a request for hearing by a defendant. The document must be in substantially the following form:(3)
As an alternative to the document described in subsection (2) of this section, a defendant may request a hearing by use of a notarized affidavit. [2001 c.596 §11 (105.146 (Failure of defendant to perform as ordered), 105.148 (Contesting plaintiff’s affidavit or declaration of noncompliance) and 105.149 (Hearing on compliance with order) enacted in lieu of 105.147); 2003 c.378 §24; 2005 c.391 §35; 2007 c.508 §17]
Source:
Section 105.148 — Contesting plaintiff’s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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