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Oregon · Through 2025 Edition

ORS 34.040: When allowed.

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Where this section sits in the code
  1. 01 - Courts, Oregon Rules of Civil Procedure
  2. 3. Remedies and Special Actions and Proceedings
  3. Chapter 34 — Writs

(1) The writ shall be allowed in all cases in which a substantial interest of a plaintiff has been injured and an inferior court including an officer or tribunal other than an agency as defined in ORS 183.310 (1) in the exercise of judicial or quasi-judicial functions appears to have:

      (a) Exceeded its jurisdiction;

      (b) Failed to follow the procedure applicable to the matter before it;

      (c) Made a finding or order not supported by substantial evidence in the whole record;

      (d) Improperly construed the applicable law; or

      (e) Rendered a decision that is unconstitutional.

      (2) The fact that the right of appeal exists is no bar to the issuance of the writ.

Collected 2026-09-03T23:50:10Z. Source file · JSON

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