Oregon Revised Statutes

Or. Rev. Stat. § 105.159 (2026)

Computation of time before plaintiff may request writ of execution

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      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      105.160 [Repealed by 1977 c.365 §3 and 1977 c.416 §5]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
Cited in 4 cases, 2012–2020 · leading case: Pine Ridge Park v. Fugere, 287 P.3d 1268 (Or. Ct. App. 2012).
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…”
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