reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.608 - Effect of registration for enforcement.

(1) A support order or income withholding order issued in another state, or a foreign support order, is registered when the order is filed in the registering tribunal of this state.
(2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. [2015 c.298 §48]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.611 - Choice of law.

(1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state or foreign country governs:
(a) The nature, extent, amount and duration of current payments under a registered support order;
(b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(c) The existence and satisfaction of other obligations under the support order.
(2) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears. [2015 c.298 §49]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.614 - Notice of registration of order.

(1) When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(2) A notice must inform the nonregistering party:
(a) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under ORS 110.657;
(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(d) Of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in effect, a notice must also:
(a) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(b) Notify the nonregistering party of the right to a determination of which is the controlling order;
(c) State that the procedures provided in subsection (2) of this section apply to the determination of which is the controlling order; and
(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(4) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the income withholding law of this state. [2015 c.298 §50]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.617 - Procedure to contest validity or enforcement of registered order.

(1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by ORS 110.614. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages pursuant to ORS 110.620.
(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing. [2015 c.298 §51]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.620 - Contest of registration or enforcement.

(1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended or modified by a later order;
(d) The issuing tribunal has stayed the order pending appeal;
(e) There is a defense under the law of this state to the remedy sought;
(f) Full or partial payment has been made;
(g) The statute of limitation under ORS 110.611 precludes enforcement of some or all of the alleged arrearages; or
(h) The alleged controlling order is not the controlling order.
(2) If a party presents evidence establishing a full or partial defense under subsection (1) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense under subsection (1) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. [2015 c.298 §52]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.623 - Effect of confirmation of order.

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [2015 c.298 §53]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.626 - Registration of order for modification; petition for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in ORS 110.605 to 110.623 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading must specify the grounds for modification. [2015 c.298 §54]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.629 - Effect of registration of order for modification.

A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of ORS 110.632 or 110.636 have been met. [2015 c.298 §55]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.632 - Modification of child support order of another state.

(1) If ORS 110.636 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state that is registered in this state if, after notice and hearing, the tribunal finds that:
(a) The following requirements are met:
(A) Neither the child, nor the obligee who is an individual nor the obligor resides in the issuing state;
(B) A petitioner who is a nonresident of this state seeks modification; and
(C) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(2) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.
(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under ORS 110.533 establishes the aspects of the support order which are nonmodifiable.
(4) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(5) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(6) Notwithstanding subsections (1) to (5) of this section and ORS 110.518 (2), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(a) One party resides in another state; and
(b) The other party resides outside the United States. [2015 c.298 §56]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.635 - Enforcement and recognition of order modified by another state.

If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide appropriate relief for violations of its order that occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state upon registration for the purpose of enforcement. [2015 c.298 §57]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.636 - Jurisdiction to modify order of another state when individual parties reside in this state; applicable law.

(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of ORS 110.500 to 110.510, 110.518 to 110.540, 110.605 to 110.641 and the procedural and substantive law of this state to the proceeding for enforcement or modification. ORS 110.542 to 110.591, 110.592, 110.593, 110.594 to 110.602, 110.645 to 110.669, 110.670 and 110.673 do not apply. [2015 c.298 §58]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.637 - Notice to issuing tribunal of modification of order.

Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. [2015 c.298 §59]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.639 - Jurisdiction to modify foreign child support order.

(1) Except as otherwise provided in ORS 110.667, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to ORS 110.632 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order. [2015 c.298 §60]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.641 - Procedure to modify foreign child support order.

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under ORS 110.605 to 110.623 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification. [2015 c.298 §61]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.645 - Definitions.

As used in ORS 110.645 to 110.669:
(1) "Application" means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in ORS 110.503 (5)(d) to perform the functions specified in the Convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in ORS 110.503 (5)(d).
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.
(5) "Foreign support agreement" means:
(a) An agreement for support in a record that:
(A) Is enforceable as a support order in the country of origin;
(B) Has been:
(i) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(ii) Authenticated by, or concluded, registered or filed with a foreign tribunal; and
(C) May be reviewed and modified by a foreign tribunal; and
(b) A maintenance arrangement or authentic instrument under the Convention.
(6) "United States central authority" means the Secretary of the United States Department of Health and Human Services. [2015 c.298 §62]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.647 - Applicability.

ORS 110.645 to 110.669 apply only to a support proceeding under the Convention. In such a proceeding, if a provision of ORS 110.645 to 110.669 is inconsistent with ORS 110.500 to 110.641, ORS 110.645 to 110.669 control. [2015 c.298 §63]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.650 - Proceedings available under Convention.

(1) In a support proceeding under ORS 110.645 to 110.669, the Department of Justice shall:
(a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the Convention:
(a) Recognition or recognition and enforcement of a foreign support order;
(b) Enforcement of a support order issued or recognized in this state;
(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) Establishment of a support order if recognition of a foreign support order is refused under ORS 110.660 (2)(b), (d) or (i);
(e) Modification of a support order of a tribunal of this state; and
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the Convention to an obligor against whom there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(b) Modification of a support order of a tribunal of this state; and
(c) Modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. [2015 c.298 §65]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.653 - Direct request for recognition and enforcement of order.

(1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, ORS 110.655 to 110.669 apply.
(3) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(a) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and
(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(4) A petitioner filing a direct request is not entitled to assistance from the administrator as defined in ORS 25.010.
(5) ORS 110.645 to 110.669 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. [2015 c.298 §66]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.655 - Registration of Convention support order.

(1) Except as otherwise provided in ORS 110.645 to 110.669, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in ORS 110.605 to 110.641.
(2) Notwithstanding ORS 110.572 and 110.607 (1), a request for registration of a Convention support order must be accompanied by:
(a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(b) A record stating that the support order is enforceable in the issuing country;
(c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(d) A record showing the amount of arrears, if any, and the date the amount was calculated;
(e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(3) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(4) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under ORS 110.657 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. [2015 c.298 §67]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.657 - Contest of registered Convention support order.

(1) Except as otherwise provided in ORS 110.645 to 110.669, ORS 110.614 to 110.623 apply to a contest of a registered Convention support order.
(2) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (2) of this section, the order is enforceable.
(4) A contest of a registered Convention support order may be based only on grounds set forth in ORS 110.660. The contesting party bears the burden of proof.
(5) In a contest of a registered Convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. [2015 c.298 §68]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.660 - Recognition and enforcement of registered Convention support order.

(1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order.
(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent with ORS 110.518;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of procedure;
(e) A record transmitted in accordance with ORS 110.655 lacks authenticity or integrity;
(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose, if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(h) Payment, to the extent alleged arrears have been paid in whole or in part;
(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) The order was made in violation of ORS 110.667.
(3) If a tribunal of this state does not recognize a Convention support order under subsection (2)(b), (d) or (i) of this section:
(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(b) The Department of Justice shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under ORS 110.650. [2015 c.298 §69]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.662 - Partial recognition and enforcement of Convention support order.

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, the tribunal shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. [2015 c.298 §70]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.665 - Recognition and enforcement of registered foreign support agreement.

(1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(d) The record submitted under subsection (2) of this section lacks authenticity or integrity.
(5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. [2015 c.298 §71]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.667 - Modification of Convention support order; requirements.

(1) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, ORS 110.660 (3) applies. [2015 c.298 §72]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.668 - Personal information; use.

Personal information gathered or transmitted under ORS 110.645 to 110.669 may be used only for the purposes for which it was gathered or transmitted. [2015 c.298 §73]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.669 - Language of filed record.

A record filed with a tribunal of this state under ORS 110.645 to 110.669 must be in the original language and, if not in English, must be accompanied by an English translation. [2015 c.298 §74]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.670 - Grounds for rendition.

(1) For purposes of this section and ORS 110.673, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(2) The Governor of this state may:
(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. [2015 c.298 §75]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.673 - Conditions of rendition.

(1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order. [2015 c.298 §76]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.675 - Uniformity of application and construction.

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Family Support Act. [2015 c.298 §77; 2017 c.17 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 110 - Uniform Interstate Family Support Act › Section 110.677 - Severability clause.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [2015 c.298 §79]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.015 - Application of chapter 591, Oregon Laws 1969.

Except as specifically provided otherwise in chapter 591, Oregon Laws 1969, on July 1, 1970, chapter 591, Oregon Laws 1969, applies to wills of decedents dying thereafter, and a will executed before July 1, 1970, shall be considered lawfully executed if the application of ORS 112.255 would make it so, but the construction of a will executed before July 1, 1970, shall be governed by the law in effect on the date of execution unless a contrary intent is established by the will. [1969 c.591 §303; 2016 c.42 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.025 - Oregon Tax Court jurisdiction.

For purposes of ORS chapters 111 to 116, the Oregon Tax Court is not a court having probate jurisdiction and is limited to the trial of appeals on estate tax matters. [1971 c.567 §3; 1997 c.99 §25; 2011 c.526 §17; 2017 c.169 §44]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.055 - Transfer of probate jurisdiction.

(1) All probate jurisdiction, authority, powers, functions and duties of the county courts and the judges thereof are transferred to the circuit courts and the judges thereof in all counties except Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties.
(2) All probate jurisdiction, authority, powers, functions and duties of the circuit courts and the judges thereof are transferred to the county courts and the judges thereof in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties. [1969 c.591 §2; 1995 c.658 §71]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.075 - Probate jurisdiction vested.

Jurisdiction of all probate matters, causes and proceedings is vested in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county and as provided in ORS 111.115. [1969 c.591 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.085 - Probate jurisdiction described.

(1) The jurisdiction of the probate court includes, but is not limited to:
(a) Appointment and qualification of personal representatives.
(b) Probate and contest of wills.
(c) Determination of heirship.
(d) Determination of title to, rights in and possession of property claimed by or against personal representatives, guardians and conservators.
(e) Administration, settlement and distribution of estates of decedents.
(f) Construction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.
(g) Guardianships and conservatorships, including the appointment and qualification of guardians and conservators and the administration, settlement and closing of guardianships and conservatorships.
(h) Supervision and disciplining of personal representatives, guardians and conservators.
(i) If a testamentary trustee vacancy occurs during a probate proceeding and the will does not name a trustee or successor trustee who is able to serve, appointment of a testamentary trustee or successor testamentary trustee.
(2) The distributees of an estate administered in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the distributees’ interests in the estate. By accepting a distribution from an estate, the distributee submits personally to the jurisdiction of the courts of this state regarding any matter involving the estate.
(3) This section does not preclude other methods of obtaining jurisdiction over a person to whom assets are distributed from an estate. [1969 c.591 §5; 1973 c.177 §1; 2017 c.169 §2; 2021 c.282 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.095 - Powers of probate court.

(1) A probate court has the general legal and equitable powers of a circuit court.
(2) The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court.
(3) A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS 28.010 to 28.160, in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate.
(4) A court having jurisdiction over a probate proceeding may:
(a) Compel the attendance of, or require the response to inquiries by and production of documents subject to discovery under ORCP 36 from, any person, including a beneficiary, creditor, fiduciary or any other person who may have knowledge about the decedent’s taxes, financial affairs or property.
(b) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate order or judgment with respect to the transaction.
(c) Surcharge a fiduciary and any surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by ORS chapter 111, 112, 113, 114, 115, 116 or 117.
(d) Determine ownership of title for real or personal property.
(e) Subject to ORS chapter 90, require delivery of possession of property of the decedent, including records, accounts and documents relating to that property.
(f) Require the fiduciary to produce any and all records that might provide information about the condition of the estate’s property.
(g) Remove a fiduciary whenever that removal is in the best interests of the interested persons of an estate.
(h) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.
(i) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment.
(j) Without hearing or upon such hearing as the court may prescribe, rule on any matter concerning the administration, settlement or distribution of the estate, including the fiduciary’s authority, the court’s approval of the fiduciary’s actions or the court’s instructions to the fiduciary. [1969 c.591 §6; 1979 c.284 §102; 2016 c.42 §13; 2021 c.282 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.105 - Appeals from probate court; reexamination of issues.

(1) Except as otherwise provided in this section, no issue determined in a probate court exercising probate jurisdiction shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a court of record with general jurisdiction.
(2) Appeals from a circuit court exercising probate jurisdiction shall be taken to the Court of Appeals in the manner provided by law for appeals from the circuit court.
(3) Appeals from a county court exercising probate jurisdiction shall be taken to the circuit court and Court of Appeals in the manner provided by ORS 5.120. [1969 c.591 §7; 1979 c.284 §103; 2021 c.282 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.115 - Transfer of estate proceeding from county court to circuit court.

(1) An estate proceeding may be transferred at any time from a county court to the circuit court for the county by order of the county court.
(2) An estate proceeding commenced in a county court and in which the county judge is a party or directly interested must be transferred from the county court to the circuit court for the county by order of the county court.
(3) Upon transfer of an estate proceeding from a county court to the circuit court for the county under this section:
(a) The county clerk shall certify and cause to be filed in the records of the circuit court all original papers, records and proceedings pertaining to the estate proceeding; and
(b) Jurisdiction over the estate proceeding vests in the circuit court as if the jurisdiction had been originally and exclusively vested in the circuit court. [1969 c.591 §8; 2016 c.42 §14; 2021 c.282 §8]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.175 - Appointment of probate commissioner and deputy probate commissioners.

The presiding judge of a circuit court or the county judge of a county court may appoint a probate commissioner and one or more deputy probate commissioners and, if such appointments are made, shall prescribe, by rule or order, the duties and responsibilities of the probate commissioner and deputy probate commissioners, subject to ORS 111.185. [1969 c.591 §10; 2016 c.42 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.185 - Powers of probate commissioner and deputy probate commissioners and deputy probate commissioners.

(1) To the extent prescribed or otherwise authorized by rule or order made under ORS 111.175, a probate commissioner or deputy probate commissioner may:
(a) Act upon uncontested petitions for appointment of special administrators, for probate of wills and for appointment of personal representatives, guardians and conservators;
(b) Make and enter orders and judgments admitting wills to probate and appointing and setting the amount of the bonds of special administrators, personal representatives, guardians and conservators; and
(c) Appoint court visitors.
(2) Any matter presented to the probate commissioner or deputy probate commissioner may be referred to the judge of the court.
(3) Any order or judgment made by a probate commissioner or deputy probate commissioner is subject to being set aside or modified by the judge of the court within 30 days after the date of the order or judgment.
(4) Any interested person may object to an order or judgment of a probate commissioner or deputy probate commissioner within 30 days after the date of the order or judgment, and the judge of the court may set aside or modify the order or judgment.
(5) Unless set aside or modified by the judge of the court, the orders and judgments of the probate commissioner or deputy probate commissioner have the same effect as if made by the judge of the court. [1969 c.591 §11; 2016 c.42 §16]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.205 - Commencement of probate proceeding; pleadings and mode of procedure; jury trial.

(1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117.
(2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 to 194.835.
(3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law. [1969 c.591 §12; 1979 c.284 §104; 2007 c.284 §1; 2013 c.218 §13; 2017 c.169 §45; 2021 c.282 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.218 - Proof of service; proof of publication.

(1) Proof of service must be made for all documents for which statutes require giving notice. If notice of a document is not required, no proof of service is required.
(2) Proof of service of a document may be on the document filed in the form of a certificate of service that specifies the date of mailing or other service or may be by a separate filing.
(3) Proof of publication required to be filed in probate court must be made in the form required by ORCP 7 F. [2007 c.284 §7; 2021 c.282 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.225 - Waiver of notice.

When any notice or information is required to be given under ORS chapters 111, 112, 113, 114, 115, 116 and 117, a guardian, a guardian ad litem, a conservator or a person who is neither incompetent nor a minor may waive notice by a writing signed by the guardian, guardian at litem, conservator or person or the attorney of the guardian, guardian ad litem, conservator or person and filed in the proceeding, or by the appearance of the guardian, guardian ad litem, conservator or person at the hearing. [1969 c.591 §14; 1973 c.506 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 111 - General Provisions › Section 111.235 - Filing objections to petition or motion.

(1) Any interested person or the personal representative may file a written objection to a petition or motion previously filed.
(2) An objection filed under this section must:
(a) Include a plain and concise statement of the basis for the objection;
(b) Be served on the persons described in ORS 111.215 (2); and
(c) Be filed on or before the final date for the filing of objections to the petition or motion.
(3) If no objections are filed before the final date for the filing of objections to the petition or motion, or if all filed objections are withdrawn, the court may sign the proposed order or judgment without further notice. [1969 c.591 §15; 2021 c.282 §12]