147.517
Notice; order to show cause; response.
(1)(a) Except as provided in subsection (3) of this section, the victim or the
prosecuting attorney shall provide notice of a claim asserted by the victim to
any person the victim wishes to have bound by an order granting relief by
providing the person with a copy of the order to show cause described in this
section. The victim or prosecuting attorney shall provide the court with a
mailing address for any person the victim or prosecuting attorney provides with
a copy of the order to show cause under this paragraph.
(b) An order
granting relief under ORS 147.520 or 147.530 is not enforceable against, and
has no legal effect on, any person who did not receive notice or have knowledge
of the claim and did not have a reasonable opportunity to be heard regarding
the claim.
(2) Upon receipt
of a facially valid claim under ORS 147.515 (3) or (4)(b), the court shall
issue an order to show cause why the victim should not be granted relief. The
court shall, after considering the requirements of ORS 147.530 (5)(a), include
in the order to show cause the date:
(a) By which
responses to the claim must be submitted to the court; and
(b) On which the
court will conduct a hearing on timely responses to the claim.
(3) The court
shall provide a copy of the order to show cause and of the form described in
ORS 147.515 (2)(a), if the form was completed, to:
(a) The victim;
(b) The
prosecuting attorney; and
(c) The
defendant.
(4)(a) If the
court issues an order to show cause under this section, a victim, the
prosecuting attorney, the defendant or any person against whom relief is
requested may contest the claim by filing a response with the court before the
date specified in the order under subsection (2)(a) of this section.
(b)(A) When a
claim alleges a violation of a right granted to the victim under section 42,
Article I of the Oregon Constitution, the prosecuting attorney may file an ex
parte response that includes an affidavit setting forth good cause to suspend
the rights established in section 42, Article I of the Oregon Constitution.
(B) The court
shall review the response and affidavit in camera. If the court finds that the
prosecuting attorney has a good faith belief that the criminal proceeding
involves a minor victim or organized crime, as that term is defined in ORS
180.600, and the court finds good cause to suspend the rights established in
section 42, Article I of the Oregon Constitution, the court shall enter an
order suspending those rights. The order may not include the facts that formed
the basis of the suspension.
(C) The
prosecuting attorney shall make a reasonable effort to provide notice of the
suspension to the victim and the defendant.
(D) The response
and affidavit described in this paragraph may not be disclosed and must be
sealed and made a part of the record for purposes of appellate review. [2009
c.178 §7]
Note: See note under 147.500.
Notes of Decisions
Cited in
8
cases, 2011–2020 · leading case:
State v. Barrett, 255 P.3d 472 (Or. 2011).
State v. Barrett, 255 P.3d 472 (Or. 2011).
· cites it 6× “, ORS 147.517 (describing order to show cause procedure); ORS 147.”
State v. Algeo, 311 P.3d 865 (Or. 2013).
· cites it 3× “See Barrett, 350 Or at 398 (expedited procedural path provided by ORS 147.517, ORS 147.530(5), and ORS 147.”
State v. Lynch, 469 P.3d 800 (Or. Ct. App. 2020).
· cites it 2× “See ORS 147.517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.”
State v. Bray, 279 P.3d 216 (Or. 2012).
· cites it 4× “Generally, if a victim "informs the court of a facially valid claim" using the form provided by the Chief Justice -- which, in this case, the victim did -- the trial court "shall promptly issue the order to show cause described in ORS 147.517." ORS 147.515(3). After issuance of…”
State v. Ball, 416 P.3d 301 (Or. 2018).
· cites it 2× “515(3) ; ORS 147.517(2). Such an order must include the date by which responses to the claim are due and the date on which the court will conduct the show cause hearing on the claim.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“See ORS 147.517(2) (so requiring). Both the victim and defendant responded to the motion.”
State v. N. R. L., 311 P.3d 510 (Or. 2013).
“If the trial court deems the claim to be facially valid, it must issue an order to “show cause why the victim should not be granted relief,” ORS 147.517(2), and hold a hearing on the victim’s claim, ORS 147.”
State v. N. R. L. (Or. 2013).
“If the trial court deems the claim to be facially valid, it must issue an order to “show cause why the victim should not be granted relief,” ORS 147.517(2), and hold a hearing on the victim’s claim, ORS 147.”
— Or. Rev. Stat. § 147.517(2) — 5 cases
State v. Algeo, 311 P.3d 865 (Or. 2013).
“See Barrett, 350 Or at 398 (expedited procedural path provided by ORS 147.517, ORS 147.530(5), and ORS 147.”
State v. Ball, 416 P.3d 301 (Or. 2018).
“515(3) ; ORS 147.517(2). Such an order must include the date by which responses to the claim are due and the date on which the court will conduct the show cause hearing on the claim.”
State v. Bray, 291 P.3d 727 (Or. 2012).
“See ORS 147.517(2) (so requiring). Both the victim and defendant responded to the motion.”
State v. N. R. L., 311 P.3d 510 (Or. 2013).
“If the trial court deems the claim to be facially valid, it must issue an order to “show cause why the victim should not be granted relief,” ORS 147.517(2), and hold a hearing on the victim’s claim, ORS 147.”
State v. N. R. L. (Or. 2013).
“If the trial court deems the claim to be facially valid, it must issue an order to “show cause why the victim should not be granted relief,” ORS 147.517(2), and hold a hearing on the victim’s claim, ORS 147.”
— Or. Rev. Stat. § 147.517(2)(a) — 1 case
State v. Barrett, 255 P.3d 472 (Or. 2011).
“, ORS 147.517 (describing order to show cause procedure); ORS 147.”
— Or. Rev. Stat. § 147.517(2)(b) — 2 cases
State v. Barrett, 255 P.3d 472 (Or. 2011).
“, ORS 147.517 (describing order to show cause procedure); ORS 147.”
State v. Lynch, 469 P.3d 800 (Or. Ct. App. 2020).
“See ORS 147.517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.”
— Or. Rev. Stat. § 147.517(4) — 1 case
State v. Lynch, 469 P.3d 800 (Or. Ct. App. 2020).
“See ORS 147.517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.”
— Or. Rev. Stat. § 147.517(4)(a) — 2 cases
State v. Barrett, 255 P.3d 472 (Or. 2011).
“, ORS 147.517 (describing order to show cause procedure); ORS 147.”
State v. Bray, 279 P.3d 216 (Or. 2012).
“Generally, if a victim "informs the court of a facially valid claim" using the form provided by the Chief Justice -- which, in this case, the victim did -- the trial court "shall promptly issue the order to show cause described in ORS 147.517." ORS 147.515(3). After issuance of…”
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