Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 147.530

Hearing on claim, response or motion; order

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      147.530 Hearing on claim, response or motion; order. (1) A hearing on a claim, a response filed under ORS 147.517 (4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section.

      (2) At the hearing, the court may receive evidence relevant to the claim or motion.

      (3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence.

      (4) If the court determines that the moving party:

      (a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order.

      (b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief.

      (5) An order issued under subsection (4) of this section must:

      (a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date.

      (b) Except as provided in ORS 147.517 (4)(b)(B), include the reasons relief was granted or denied.

      (6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517 (4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (1)(a). [2009 c.178 §11; 2013 c.224 §2]

 

      Note: See note under 147.500.

Notes of Decisions
Cited in 8 cases, 2011–2020 · leading case: State v. Barrett
Sort: Relevance Newest Treatment
State v. Barrett (2011) or · cites it 5× “517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.530(1) (establishing procedures for “a hearing on a claim [or] a response filed under ORS *395 147.”
State v. Bray (2012) or · cites it 27× “515(1), on which the trial court may hold 15 a hearing, ORS 147.530. After the hearing, the trial court may either grant or deny the 16 relief that the victim has requested.”
State v. Algeo (2013) or · cites it 3× “517(2), and may hold a hearing on the victim’s claim, ORS 147.530(1). At the conclusion of that hearing, the trial court must issue an order granting or denying the relief requested.”
State v. Gallegos (2020) orctapp · cites it 2× “If the trial court deems the victim’s claim to be facially valid, it must issue an order to ‘show cause why the victim should not be granted relief,’ ORS 147.”
State v. Lynch (2020) orctapp “517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.530(1) (establishing procedures for “[a] hearing on a claim, [or] a response filed under ORS 147.”
State v. N. R. L. (2013) or · cites it 2× “517(2), and hold a hearing on the victim’s claim, ORS 147.530. At the conclusion of that hearing, the trial court must make factual findings and issue an order granting or denying the relief requested.”
State v. Ball (2018) or · cites it 2× “Under ORS 147.530(4) to (5), a trial court is required to issue a written order within seven days of the show cause hearing on a victim's rights claim, unless the court finds good cause to issue the order at a later date, and the order **815 must grant or deny the relief…”
State v. N. R. L. (2013) or · cites it 2× “517(2), and hold a hearing on the victim’s claim, ORS 147.530. At the conclusion of that hearing, the trial court must make factual findings and issue an order granting or denying the relief requested.”
— Or. Rev. Stat. § 147.530(1) — 4 cases
State v. Barrett (2011) or “517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.530(1) (establishing procedures for “a hearing on a claim [or] a response filed under ORS *395 147.”
State v. Gallegos (2020) orctapp “If the trial court deems the victim’s claim to be facially valid, it must issue an order to ‘show cause why the victim should not be granted relief,’ ORS 147.”
State v. Algeo (2013) or “517(2), and may hold a hearing on the victim’s claim, ORS 147.530(1). At the conclusion of that hearing, the trial court must issue an order granting or denying the relief requested.”
State v. Lynch (2020) orctapp “517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.530(1) (establishing procedures for “[a] hearing on a claim, [or] a response filed under ORS 147.”
— Or. Rev. Stat. § 147.530(2) — 2 cases
State v. N. R. L. (2013) or “517(2), and hold a hearing on the victim’s claim, ORS 147.530. At the conclusion of that hearing, the trial court must make factual findings and issue an order granting or denying the relief requested.”
State v. N. R. L. (2013) or “517(2), and hold a hearing on the victim’s claim, ORS 147.530. At the conclusion of that hearing, the trial court must make factual findings and issue an order granting or denying the relief requested.”
— Or. Rev. Stat. § 147.530(4) — 5 cases
State v. Gallegos (2020) orctapp “If the trial court deems the victim’s claim to be facially valid, it must issue an order to ‘show cause why the victim should not be granted relief,’ ORS 147.”
State v. Barrett (2011) or “517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.530(1) (establishing procedures for “a hearing on a claim [or] a response filed under ORS *395 147.”
State v. Algeo (2013) or “517(2), and may hold a hearing on the victim’s claim, ORS 147.530(1). At the conclusion of that hearing, the trial court must issue an order granting or denying the relief requested.”
State v. Bray (2012) or “515(1), on which the trial court may hold 15 a hearing, ORS 147.530. After the hearing, the trial court may either grant or deny the 16 relief that the victim has requested.”
State v. Ball (2018) or “Under ORS 147.530(4) to (5), a trial court is required to issue a written order within seven days of the show cause hearing on a victim's rights claim, unless the court finds good cause to issue the order at a later date, and the order **815 must grant or deny the relief…”
— Or. Rev. Stat. § 147.530(5) — 3 cases
State v. Barrett (2011) or “517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.530(1) (establishing procedures for “a hearing on a claim [or] a response filed under ORS *395 147.”
State v. Algeo (2013) or “517(2), and may hold a hearing on the victim’s claim, ORS 147.530(1). At the conclusion of that hearing, the trial court must issue an order granting or denying the relief requested.”
State v. Bray (2012) or “515(1), on which the trial court may hold 15 a hearing, ORS 147.530. After the hearing, the trial court may either grant or deny the 16 relief that the victim has requested.”
— Or. Rev. Stat. § 147.530(5)(a) — 2 cases
State v. Barrett (2011) or “517(2)(b) (order to show cause must include date on which court “will conduct a hearing on timely responses to the claim”); ORS 147.530(1) (establishing procedures for “a hearing on a claim [or] a response filed under ORS *395 147.”
State v. Ball (2018) or “Under ORS 147.530(4) to (5), a trial court is required to issue a written order within seven days of the show cause hearing on a victim's rights claim, unless the court finds good cause to issue the order at a later date, and the order **815 must grant or deny the relief…”
— Or. Rev. Stat. § 147.530(5)(b) — 1 case
State v. Bray (2012) or “515(1), on which the trial court may hold 15 a hearing, ORS 147.530. After the hearing, the trial court may either grant or deny the 16 relief that the victim has requested.”
— Or. Rev. Stat. § 147.530(5)(c) — 1 case
State v. Bray (2012) or “515(1), on which the trial court may hold 15 a hearing, ORS 147.530. After the hearing, the trial court may either grant or deny the 16 relief that the victim has requested.”
— Or. Rev. Stat. § 147.530(6) — 1 case
State v. Bray (2012) or “515(1), on which the trial court may hold 15 a hearing, ORS 147.530. After the hearing, the trial court may either grant or deny the 16 relief that the victim has requested.”
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.