reglab/housing_qa huggingface dataset:
OR Rev Stat § 34.230 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.230 - Imposition of fine; payment as bar.

Whenever a peremptory mandamus is directed to a public officer or body commanding the performance of any public duty specially enjoined by law, if it appears to the court or judge thereof that the officer or any member of the body has without just excuse refused or neglected to perform the duty so enjoined, the court or judge may impose a fine, not exceeding $500, upon every such officer or member of such body; and the payment thereof is a bar to any action for any penalty incurred by the officer or member by reason of the refusal or neglect of the officer or member to perform the duty so enjoined.
OR Rev Stat § 34.240 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.240 - Appeal.

From the judgment of the circuit court or Oregon Tax Court, or judge thereof, refusing to allow a mandamus, or directing a peremptory mandamus, an appeal may be taken in like manner and with like effect as in an action. [Amended by 1965 c.6 §12; 1973 c.197 §3]
OR Rev Stat § 34.310 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.310 - Purpose of writ; who may prosecute.

The writ of habeas corpus ad subjiciendum is the writ designated in ORS 34.310 to 34.730, and every other writ of habeas corpus is abolished. Every person imprisoned or otherwise restrained of liberty, within this state, except in the cases specified in ORS 34.330, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and if illegal, to be delivered therefrom.
OR Rev Stat § 34.320 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.320 - Courts having jurisdiction; transfer of proceedings.

The circuit court of the judicial district wherein the party is imprisoned or restrained, and, if vested with power to exercise judicial functions, the county court and county judge of the county wherein the party is imprisoned or restrained, shall have concurrent jurisdiction of proceedings by habeas corpus, and said courts and judges may issue, hear and decide all questions arising upon habeas corpus. If a plaintiff has filed a petition in a court with jurisdiction over the proceedings, and the plaintiff is thereafter transferred to a place that is outside of the jurisdiction of that court, the court shall transfer the proceedings to the circuit court for the judicial district in which the party is imprisoned or restrained. If the court in which the petition was filed determines that by reason of the plaintiff’s transfer the claims of the plaintiff do not require immediate judicial scrutiny, or are otherwise subject to dismissal, the court shall dismiss the petition. [Amended by 1999 c.114 §1]
OR Rev Stat § 34.330 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.330 - Who may not prosecute writ.

A person may not prosecute a writ of habeas corpus if: (1) The person is imprisoned or restrained by virtue of process issued by a court of the United States, or a judge, commissioner or other officer thereof, in cases where such courts, or judges or officers thereof, have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of actions, suits or other proceedings in such court, or before such commissioner or other officer. (2) The person is imprisoned or restrained by virtue of the judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon such judgment. (3) Except as provided in ORS 138.530, the person is eligible to obtain post-conviction relief pursuant to ORS 138.510 to 138.680. (4) The person is eligible to seek judicial review of a final order of the State Board of Parole and Post-Prison Supervision under ORS 144.335 but the person fails to seek judicial review of the order in a timely manner. (5) The person seeks judicial review of a final order of the board under ORS 144.335 but the Court of Appeals: (a) Summarily affirms the order of the board on the grounds that the person failed to present a substantial question of law; (b) Otherwise disposes of the judicial review on the merits of the petitioner’s issues on judicial review; or (c) Dismisses the judicial review because of a procedural defect. [Amended by 1959 c.636 §22; 2001 c.661 §2; 2003 c.576 §311; 2007 c.411 §2]
OR Rev Stat § 34.340 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.340 - Petition; who may apply; fee.

The writ shall be allowed by the court or judge thereof upon the petition of the party for whose relief it is intended, or of some other person in behalf of the party, signed and verified by the oath of the plaintiff, to the effect that the plaintiff believes it to be true. The petition must be accompanied by the filing fee established under ORS 21.135. [Amended by 1995 c.657 §6; 1999 c.114 §2; 2003 c.737 §§32,33; 2005 c.702 §§37,38,39; 2011 c.595 §39]
OR Rev Stat § 34.350 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.350 - Application by district attorney.

Whenever a writ of habeas corpus is required in any action, suit or proceeding, civil or criminal, to which the state is a party, the application therefor may be made by the district attorney having charge thereof, and whenever so issued the court or judge shall state in the order of allowance that it was issued on such application.
OR Rev Stat § 34.355 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.355 - Appointment of counsel; compensation and costs.

If counsel is appointed by a court to represent, in an initial proceeding by habeas corpus or on appeal as provided in ORS 34.710, a person who is imprisoned or otherwise restrained of liberty by virtue of a charge or conviction of crime and who is determined to be financially eligible for appointed counsel at state expense, the public defense services executive director shall determine compensation for counsel and costs and expenses of the person in the proceeding or on appeal. Compensation for counsel and expenses of the person in an initial proceeding or in a circuit court on appeal shall be determined and paid as provided in ORS 135.055. Compensation for counsel and costs and expenses of the person on appeal to the Court of Appeals or on review by the Supreme Court shall be determined and paid as provided in ORS 138.500. The compensation and expenses so allowed in an initial proceeding in a county court shall be paid by the county in which the person was charged or convicted of crime. [1979 c.867 §17; 1981 s.s. c.3 §128; 1985 c.502 §21; 2001 c.962 §64]
OR Rev Stat § 34.360 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.360 - Contents of petition when person challenges authority for confinement.

If the challenge is to the authority for confinement, the petition shall state, in substance: (1) That the party in whose behalf the writ is petitioned is imprisoned or restrained of liberty, the place where, and officer or person by whom the party is imprisoned or restrained, naming both parties if their names are known, or describing them if not known. (2) That such person is not imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330. (3) The cause or pretense of the imprisonment or restraint, according to the best knowledge or belief of the plaintiff. (4) If the original imprisonment or restraint is by virtue of any order, warrant or process, a copy thereof shall be annexed to the petition, or it must be alleged that, by reason of the removal or concealment of the party before the application, a demand of such copy could not be made, or that the demand was made, and the legal fees therefor tendered to the person having the party in custody, and that a copy was refused. (5) That the claim has not already been adjudged upon a prior writ of habeas corpus, to the knowledge or belief of the plaintiff. [Amended by 1991 c.884 §3; 1999 c.114 §3; 2003 c.576 §312]
OR Rev Stat § 34.362 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.362 - Contents of petition when person challenges conditions of confinement or deprivation of rights while confined.

If the person is imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330 and the person challenges the conditions of confinement or complains of a deprivation of rights while confined, the petition shall: (1) Comply with requirements of ORS 34.360 (1), (3), (4) and (5); and (2) State facts in support of a claim that the person is deprived of a constitutional right that requires immediate judicial attention and for which no other timely remedy is practicably available to the plaintiff. [1991 c.884 §5; 2003 c.576 §313]
OR Rev Stat § 34.365 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.365 - Filing petition of prisoner without payment of filing fees; fee as charge against trust account.

(1) Any court of the State of Oregon may authorize the filing of a petition for a writ of habeas corpus by or on behalf of any person imprisoned or otherwise restrained of liberty by virtue of a charge or conviction of crime without payment of the filing fees therefor, if such person presents to the court or judge thereof satisfactory proof, by affidavit and as otherwise required by such judge, that the person is unable to pay such fees. (2) Notwithstanding the fact that a court has authorized the filing of a petition without payment of the filing fee required by ORS 34.340, the fee may be drawn from, or charged against, the plaintiff’s trust account if the plaintiff is an adult in custody in a correctional facility. [1955 c.493 §1; 1995 c.657 §7; 1999 c.114 §4; 2019 c.213 §11]
OR Rev Stat § 34.370 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.370 - Order to show cause; time for ruling on show cause order; attorney fees; entry of judgment or issuance of writ; effect.

(1) Except as provided in subsection (6) of this section, the judge to whom the petition for a writ of habeas corpus is presented shall, without delay, issue an order directing the defendant to show cause why the writ should not be allowed. (2) Upon the issuance of a show cause order under subsection (1) of this section, the following shall apply: (a) The judge shall order that the defendant appear in writing in opposition to the issuance of the writ as soon as is practicable and not more than 14 days from the date that the show cause order issues. (b) The judge shall rule on the show cause order within seven days after either the defendant files a written appearance in opposition or the appearance period expires, whichever comes first. Upon making a ruling, the judge shall do one of the following, as appropriate: (A) If the petition is a meritless petition, issue a judgment denying the petition and ordering the plaintiff to pay the cost of attorney fees incurred by the defendant. In no case shall the award of attorney fees exceed $100. The fees may be drawn from, or charged against, the trust account of the adult in custody. (B) Issue a judgment granting appropriate habeas corpus relief. (C) Issue a writ of habeas corpus requiring that a return be made. (3) Entry of a judgment under subsection (2)(b)(A) or subsection (6) of this section shall be without prejudice. The judgment shall explain to the parties the reason for the denial. (4) If the court has issued a writ of habeas corpus requiring a return under subsection (2)(b)(C) of this section, the parties may stipulate to a hearing as described in ORS 34.670 without the necessity of a return or a replication. If the court accepts the stipulation, it shall set the matter for hearing in an expedited manner. (5) Issuance of the writ under subsection (2) of this section shall not bind the court with respect to any subsequent rulings related to the pleadings of the parties or the ultimate disposition of the proceeding. (6) The court may, on its own motion, enter a judgment denying a meritless petition brought under ORS 34.310 to 34.730. (7) As used in this section, "meritless petition" means one which, when liberally construed, fails to state a claim upon which habeas corpus relief may be granted. [Amended by 1963 c.322 §1; 1991 c.884 §6; 1995 c.294 §1; 1995 c.657 §8; 1999 c.114 §5; 2019 c.213 §12]
OR Rev Stat § 34.380 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.380 - Warrant in lieu of writ; when issued.

Whenever it appears by satisfactory evidence that any person is illegally imprisoned or restrained and there is good reason to believe that the person will be carried out of the state or suffer irreparable injury before the person can be relieved by the issuing of a habeas corpus, any court or judge authorized to issue such writ may issue a warrant reciting the facts, directed to any sheriff or other person therein designated, commanding the sheriff or other person to take such illegally imprisoned or restrained person and forthwith bring the person before such court or judge, to be dealt with according to law.
OR Rev Stat § 34.390 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.390 - Order for arrest of person having custody.

When the proof mentioned in ORS 34.380 is also sufficient to justify an arrest of the person having the party in custody, as for a criminal offense committed in the taking or detaining of such party, the warrant may also contain an order for the arrest of such person for such offense.
OR Rev Stat § 34.400 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.400 - Execution of warrant; return and proceedings thereon.

Any officer or person to whom a warrant issued under ORS 34.380 is directed shall execute the same by bringing the party therein named and the person who detains the party, if so commanded by the warrant, before the court or judge issuing the warrant; and thereupon the person detaining such party shall make a return in like manner, and the like proceedings shall be had thereon, as if a writ of habeas corpus had been issued in the first instance.
OR Rev Stat § 34.410 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.410 - Criminal offense by person having custody.

If the person having such party in custody is brought before the court or judge as for a criminal offense, the person shall be examined, committed, released or discharged by the court or judge in like manner as in other criminal cases of like nature. [Amended by 1973 c.836 §324]
OR Rev Stat § 34.421 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.421 - Contents of writ.

The writ shall require the defendant to file a return, at a specified time and place, that states the time and cause of plaintiff’s imprisonment or restraint. The writ shall not command the defendant to produce the plaintiff before the court or judge issuing the writ, unless the court, in its discretion, so orders. The court shall consider an allegation of lack of authority, brought only under ORS 34.360, as a factor weighing in favor of requiring the defendant to produce the plaintiff at the time of the return. [1991 c.884 §2 (enacted in lieu of 34.420)]
OR Rev Stat § 34.430 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.430 - Defect of form; designation of persons.

The writ shall not be disobeyed for any defect of form. It is sufficient: (1) If the officer or person having the custody of the person imprisoned or restrained is designated either by name of office, if the officer or person has any, or by the own name of the officer or person, or if both such names are unknown or uncertain, the officer or person may be described by an assumed appellation; and anyone who may be served with the writ is to be deemed the officer or person to whom it was directed, although it may be directed to the officer or person by a wrong name or description, or to another person. (2) If the person who is directed to be produced is designated by name, or if the name of the person is uncertain or unknown, the person may be described in any other way, so as to designate the person intended.
OR Rev Stat § 34.440 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.440 - Who may serve writ; tender of fees and undertaking when service is on sheriff or other officer.

(1) A writ of habeas corpus may be served by any sheriff within the county of the sheriff, or by any other person designated in the writ in any county within the state. The service of the writ shall be deemed complete, so as to require the prisoner to be brought up before the court or judge issuing the writ under the provisions of ORS 34.370, only if: (a) The party serving the writ tenders to the person in whose custody the prisoner may be, if such person is a sheriff or other officer, the fees allowed by law for bringing up such prisoner; and (b) The party also enters into an undertaking to such sheriff or other officer, in a penalty double the sum for which the prisoner is detained, if the prisoner is detained for any specific sum of money, and if not, then in such a sum as the judge granting the writ directs, not exceeding $1,000, to the effect that such person shall pay the charges for carrying back the prisoner if the prisoner is remanded, and that the prisoner will not escape, either in going to or returning from the place to which the prisoner is to be taken. (2) If such fees are not paid, or such security is not tendered, the officer to whom the writ is directed shall make a return, in the manner required by ORS 34.540, and shall state in the return the reason why the prisoner is not produced, and thereupon the court or judge granting the writ may proceed as if the prisoner was produced. This section, except for the first sentence, does not apply to a case wherein the writ is issued on the application of the district attorney. [Amended by 1991 c.884 §7]
OR Rev Stat § 34.450 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.450 - Payment of charges when service is on person other than sheriff or other officer.

Every court or judge allowing a writ of habeas corpus, directed to a person other than a sheriff or other officer, may require, in order to render the service effectual, that the charges of producing the party be paid by the applicant; and in such case the court or judge shall, in the order allowing the writ, specify the amount of such charges, which shall not exceed the fees allowed by law to sheriffs for similar services.
OR Rev Stat § 34.460 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.460 - Manner of service.

The writ of habeas corpus may be served by delivery of the original to the officer or person to whom it is directed, or if the officer or person cannot be found, by leaving it at the jail or other place in which the party is imprisoned or restrained, with any under officer or other person having charge for the time of such party.
OR Rev Stat § 34.470 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.470 - Service when officer or other person hides or refuses admittance.

If the officer or person on whom the writ ought to be served hides from the person attempting to make service, or refuses admittance to the person attempting to make service, it may be served by affixing it in some conspicuous place on the outside, either of the dwelling house of the officer or person or the jail or other place where the party is confined. [Amended by 1987 c.158 §5]
OR Rev Stat § 34.480 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.480 - Proof of service.

The proof of service of the writ shall be the same as in the service of a summons, except that the same shall be indorsed upon a copy of the writ made by the officer or person serving it, and returned to the clerk who issued the writ.
OR Rev Stat § 34.490 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.490 - Duty to obey writ.

It is the duty of every sheriff or other officer upon whom a writ of habeas corpus is served, whether such writ is directed to the sheriff or officer or not, upon payment or tender of the fees allowed by law, and the delivery or tender of the undertaking described in ORS 34.440, to obey and return the writ according to the exigency thereof; and it is the duty of every other person upon whom the writ is served, having the custody of the person for whose benefit it is issued, to obey and return it in like manner, without requiring the payment of any fees, unless the payment of such fees has been required by the court or judge allowing such writ.
OR Rev Stat § 34.500 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.500 - When return must be made.

If the writ is returnable at a certain time, the return shall be made at the time and place specified therein; if it is returnable forthwith, and the place of return is within 20 miles of the place of service, the return must be made within 24 hours, and the same time is allowed for every additional 20 miles.
OR Rev Stat § 34.520 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.520 - Sickness of person.

Whenever, from the sickness or infirmity of the party, the party cannot, without danger, be produced, the officer or person in whose custody the party is may state that fact in the return to the writ, and if satisfied of the truth of the allegation, and the return is otherwise sufficient, the court or judge shall proceed to decide on the return, and to dispose of the matter, the same as if the party had been produced.
OR Rev Stat § 34.530 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 034 - Writs|Section 34.530 - Requiring return and production of party by order.

At any time after the allowance of a writ of habeas corpus, the plaintiff therein, or the person applying therefor on behalf of the plaintiff, may give notice to the judge issuing the writ, and thereupon, if necessary to avoid delay, the judge shall by order require that the return be made and the party produced before the judge at such time and place, within the county or district, as may be convenient.