Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members
(1) As used in this section, “service member” means:
(a) A member of the organized militia who is called into active service under ORS chapter 399.
(b) A member of the Oregon National Guard who is called into active service outside this state under Title 10 or Title 32 of the United States Code.
(2) A service member may, while in active service or within one year after that service ends, apply to a court or an administrative body:
(a) For relief with respect to any obligation or liability incurred by the member before the period of active service began. The court or administrative body, after appropriate notice and hearing, may grant relief unless the court or administrative body determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active service.
(b) For a stay of a civil or administrative proceeding in which the service member is a party. The court or administrative body, after appropriate notice, shall grant the stay unless the court or administrative body determines that the ability of the service member to appear is not materially affected by active service.
(3) The court or administrative body may not charge or collect any fee from a service member who applies to the court or administrative body for relief under this section.
(4) An application filed under this section may not be deemed as consent to jurisdiction in any action or proceeding.
(5) The period of a service member’s active service may not be included in computing any period limited by law, rule or order for bringing any action or proceeding before a court or administrative body for or against the service member or the service member’s heirs, executors, administrators or assigns. [2003 c.387 §9; 2005 c.79 §1; 2007 c.400 §1; 2009 c.345 §3]
Note: 399.238 (Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members) and 399.240 (Limitation on rate of interest incurred by state service members during period of active service) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information