426.090
Citation; service.
If a court, following an investigation, concludes under ORS 426.070 (5) that
there is probable cause to believe a person has a mental illness and is in need
of treatment, the judge shall issue a citation to the person stating the nature
of the information filed concerning the person and the specific reasons the
person is believed to have a mental illness and to be in need of treatment. The
citation shall further contain a notice of the time and place of the commitment
hearing, the right to legal counsel, the right to have legal counsel appointed
if the person is unable to afford legal counsel, and, if requested, to have
legal counsel immediately appointed, the right to subpoena witnesses in behalf
of the person to the hearing and other information as the court may direct. A
certified copy of the citation shall be personally served on the person prior
to the hearing. The person shall have an opportunity to consult with legal
counsel prior to being brought before the court. [Amended by 1957 c.329 §2;
1967 c.459 §1; 1971 c.368 §1; 1973 c.838 §5; 1975 c.690 §4; 2013 c.360 §22;
2025 c.559 §11]
Notes of Decisions
Cited in
67
cases (
54 in the last 5 years), 1972–2026 · leading case:
State v. T. C., 536 P.3d 591 (Or. Ct. App. 2023).
State v. T. C., 536 P.3d 591 (Or. Ct. App. 2023).
· cites it 32× “Marion County Circuit Court 21CC05628; A177184 536 P3d 591 In this civil commitment case, the state did not personally serve appellant with the prehearing citation as required by ORS 426.090. Appellant did not pre- serve the error.”
State v. K.J.B. (In re K.J.B.), 416 P.3d 291 (Or. 2018).
· cites it 2× “ORS 426.090. The precommitment investigator's report must be provided to the allegedly mental ill person **784 and counsel at least 24 hours before the civil commitment hearing.”
State v. V. L., 341 Or. App. 774 (Or. Ct. App. 2025).
· cites it 5× “Appellant objected to that form of citation because the citation itself did not contain the reasons she was alleged to be mentally ill, ORS 426.090, but the trial court proceeded with the hearing and determined that appellant was unable to meet her basic needs for pur- poses of…”
State v. P. B. S., 527 P.3d 815 (Or. Ct. App. 2023).
· cites it 11× “080 and ORS 426.090. ORS 426.090 requires the trial court to issue a citation containing certain information and serve it upon the person subject to civil commitment.”
State v. T. L., 346 Or. App. 414 (Or. Ct. App. 2026).
· cites it 9× “See ORS 426.090 (requiring the citation issued to “stat[e] the nature of the information filed concern- ing the person and the specific reasons the person is believed to be a person with mental illness”).”
State v. Johansen, 866 P.2d 470 (Or. Ct. App. 1993).
· cites it 8× “If the court concludes that there is probable cause to believe that the AMIP is mentally ill, the AMIP is issued the citation described in ORS 426.090 and then brought before the court for a hearing to determine whether the AMIP is mentally ill.”
State v. J. R. W., 475 P.3d 138 (Or. Ct. App. 2020).
· cites it 2× “Appellant contends he is entitled to rever- sal because the record does not demonstrate that the cita- tion required to issue pursuant to ORS 426.090 was served on him. That statute requires a court to issue a citation to an allegedly mentally ill person that contains…”
State v. B. L. W., 560 P.3d 766 (Or. Ct. App. 2024).
· cites it 2× “”1 ORS 426.090. Pointing to the deficient citations on appeal, appellant argues that the trial court plainly erred by proceeding with the commitment hearing in view of the patently insufficient citations.”
State v. S. A., 562 P.3d 1128 (Or. Ct. App. 2024).
· cites it 9× “She assigns error to the trial court’s decision to proceed with the civil commitment hearing on a citation that, in appellant’s view, did not comply with ORS 426.090. The assignment of error is not preserved, making our review one for plain error.”
State v. K. R. B., 482 P.3d 134 (Or. Ct. App. 2021).
· cites it 6× “He contends only that the judgment should be reversed because the trial court served him with a citation at the commencement of the hearing rather than before the hearing commenced, in violation of ORS 426.090. Appellant acknowledges that he did not preserve his assignment of…”
State v. R. E. F. (In re R. E. F.), 447 P.3d 56 (Or. Ct. App. 2019).
· cites it 7× “Appellant contends that the judgment should be reversed because the court failed to issue a citation to appellant as required by ORS 426.090. 1 Appellant acknowledges that he did not preserve his assignment of error, but requests that we review and correct the error as plain…”
State v. E. K. C., 562 P.3d 1139 (Or. Ct. App. 2025).
· cites it 5× “ORS 426.090 requires a citation to state “the spe- cific reasons the person is believed to be a person with mental illness.”
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