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Oregon Revised Statutes

Or. Rev. Stat. § 426.080 (2026)

Execution and return of citation or warrant of detention

✓ current as of May 2026
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      426.080 Execution and return of citation or warrant of detention. The person serving a warrant of detention or the citation provided for by ORS 426.090 shall, immediately after service thereof, make a return upon the original warrant or citation showing the time, place and manner of such service and file it with the clerk of the court. In executing the warrant of detention or citation, the person has all the powers provided by ORS 133.235, 161.233, 161.242 and 161.245 and may require the assistance of any peace officer or other person. [Amended by 1971 c.743 §366; 1973 c.836 §348; 1973 c.838 §4a; 2020 s.s.2 c.3 §14]

Notes of Decisions
Cited in 22 cases (19 in the last 5 years), 2003–2026 · leading case: State v. T. C., 536 P.3d 591 (Or. Ct. App. 2023).
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State v. T. C., 536 P.3d 591 (Or. Ct. App. 2023). · cites it 2× “On appeal, she assigns error to the trial court’s decision to conduct a civil commitment hear- ing in the absence of a citation that was issued in accordance with ORS 426.080 and ORS 426.090. She acknowledges that the error is not preserved but argues that it is plain and that…”
State v. J. R. W., 475 P.3d 138 (Or. Ct. App. 2020). · cites it 2× “” That statute also requires that “[t]he citation shall be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing.”
State v. P. B. S., 527 P.3d 815 (Or. Ct. App. 2023). · cites it 9× “080 requires the person who serves the citation to make a return on the citation showing the time, place, and manner of service and to file it with the clerk of the court.”
State v. R. E. J., 474 P.3d 461 (Or. Ct. App. 2020). · cites it 3× “Appellant contends, in his second assign- ment of error, that the trial court plainly erred in conduct- ing the commitment hearing “upon a citation or warrant of detention that failed to comply with the procedures required by ORS 426.080.” The state concedes that the trial court…”
State v. M. D. M. G., 486 P.3d 863 (Or. Ct. App. 2021). “” That statute also requires that “[t]he citation shall be served upon the per- son by delivering a duly certified copy of the original thereof to the person in person prior to the hearing.”
State v. J. A. N., 486 P.3d 65 (Or. Ct. App. 2021). “” That statute also requires that “[t]he citation shall be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing.”
State v. D. S., 501 P.3d 560 (Or. Ct. App. 2022). · cites it 2× “He asserts that the court plainly erred in committing him because the record contains no return of service or evidence that he had been served with the citation, as required by ORS 426.080 and ORS 426.090. The state agrees and concedes the error.”
Sulliger v. Lane Cnty., 79 P.3d 888 (Or. Ct. App. 2003). · cites it 2× “070(5)(b), in Plaintiff's capacity as the designee of the Sheriff of Lane County for such arrests; (4) to serve citations and warrants pursuant to ORS 426.080; (5) to perform investigations pursuant to ORS 426.”
State v. D. A., 495 P.3d 176 (Or. Ct. App. 2021). · cites it 2× “074, ORS 426.080, and ORS 426.090, but also the due process clause of the U.”
State v. V. J. S., 491 P.3d 107 (Or. Ct. App. 2021). · cites it 2× “She asserts that she is entitled to reversal because the trial court failed to comply with the notice requirements of ORS 426.080 and ORS 426.090. ORS 426.090 requires a court to issue to an allegedly mentally ill person a citation that informs the person of “the right to legal…”
State v. S. U., 501 P.3d 102 (Or. Ct. App. 2022). · cites it 2× “He argues that the court failed to com- ply with the citation requirements of ORS 426.080 and ORS 426.090 and this constitutes plain error that entitles him to reversal.”
State v. A. B., 505 P.3d 1103 (Or. Ct. App. 2022). · cites it 2× “She argues that the court plainly erred in committing her because the record contains no return of service or evidence that she had been served with the citation, as required by ORS 426.080 and ORS 426.090. The state concedes the error.”
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