105.159
Computation of time before plaintiff may request writ of execution. (1) Notwithstanding ORCP 10, the
four-day period specified in ORS 105.151 (2) shall:
(a) Commence at
12:01 a.m. on the day after mailing and service of the notice of restitution
pursuant to ORS 105.158, including a Saturday or a Sunday or other legal
holiday; and
(b) End at 11:59
p.m. on the fourth calendar day after the mailing and service except that if
the fourth day is a Saturday or a Sunday or other legal holiday, the period
shall end at 11:59 p.m. on the day preceding the next judicial day.
(2) Except as
provided in subsection (3) of this section, at any time after the expiration of
the period provided in the notice of restitution, the plaintiff may request
that the clerk of the court issue a writ of execution of judgment of
restitution directing the sheriff to enforce the judgment of restitution by
returning possession of the premises to the plaintiff. After payment of any
required fees, the clerk shall issue the writ in substantially the form
provided by ORS 105.156.
(3) Unless the
judgment otherwise provides, the clerk may not issue a notice of restitution or
a writ of execution of judgment of restitution more than 60 days after the
judgment is entered or after any date for possession as specified in the
judgment, whichever is later. [2001 c.596 §20 (105.151, 105.152, 105.153,
105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154);
2015 c.388 §2]
105.160 [Repealed by 1977 c.365 §3 and
1977 c.416 §5]
Notes of Decisions
Pine Ridge Park v. Fugere, 287 P.3d 1268 (Or. Ct. App. 2012).
· cites it 18× “335(2) tolls the 60-day limit on issuance of process to enforce a judgment for restitution of premises under ORS 105.159(3). We affirm. Defendant was a tenant in a manufactured home park owned by plaintiff.”
Oakleigh-McClure Neighbors v. City of Eugene, 344 P.3d 503 (Or. Ct. App. 2015).
“820, which provides, as relevant: “(1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.”
Willamette Landing Apts. - 89, LLC v. Burnett, 387 P.3d 501 (Or. Ct. App. 2016).
“” Reconsideration allowed; former opinion modified and adhered to as modified. Although a markedly different problem with statutes, we did face a seeming conflict between the effect of ORS 19.”
Neal v. Behind the Gates, Inc., 477 P.3d 1213 (Or. Ct. App. 2020).
“ORS 105.159(3) provides: 2 11 USC § 362 (b)(10) states an exception to the bankruptcy stay for “any act by a lessor to the debtor under a lease of nonresidential real property that has terminated by the expiration of the stated term of the lease before the commencement of or…”
Or. Rev. Stat. § 105.159(3): 4 cases
Pine Ridge Park v. Fugere, 287 P.3d 1268 (Or. Ct. App. 2012).
“335(2) tolls the 60-day limit on issuance of process to enforce a judgment for restitution of premises under ORS 105.159(3). We affirm. Defendant was a tenant in a manufactured home park owned by plaintiff.”
Oakleigh-McClure Neighbors v. City of Eugene, 344 P.3d 503 (Or. Ct. App. 2015).
“820, which provides, as relevant: “(1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.”
Willamette Landing Apts. - 89, LLC v. Burnett, 387 P.3d 501 (Or. Ct. App. 2016).
“” Reconsideration allowed; former opinion modified and adhered to as modified. Although a markedly different problem with statutes, we did face a seeming conflict between the effect of ORS 19.”
Neal v. Behind the Gates, Inc., 477 P.3d 1213 (Or. Ct. App. 2020).
“ORS 105.159(3) provides: 2 11 USC § 362 (b)(10) states an exception to the bankruptcy stay for “any act by a lessor to the debtor under a lease of nonresidential real property that has terminated by the expiration of the stated term of the lease before the commencement of or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.