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Oregon · Through 2025 Edition

ORS 34.210: Recovery of damages; attorney fees, costs and disbursements.

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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) If the court orders issuance of a peremptory writ of mandamus, the relator shall recover from the defendant damages which the relator has sustained from a false return, to be ascertained in the same manner as in an action.

      (2) The court in its discretion may designate a prevailing party and award attorney fees, costs and disbursements to the prevailing party, but no attorney fees, costs and disbursements shall be awarded against a judge as a defendant in a mandamus action for any action taken in the judge’s official capacity. Attorney fees, costs and disbursements may only be awarded against adverse parties who have been served with the petition and writ.

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

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