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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) The writ shall be either alternative or peremptory.
(2) When in the alternative, the writ shall:
(a) State concisely the facts, according to the petition, showing:
(A) The obligation of the defendant to perform the act; and
(B) The omission of the defendant to perform the act;
(b) Command that the defendant, immediately after the receipt of the writ, or at some other specified time:
(A) Perform the act required to be performed; or
(B) Show cause before the court or judge thereof, by whom the writ was allowed, at a time and place therein specified, why the defendant has not done so; and
(c) Command that the defendant then and there return the writ, with the certificate of the defendant annexed, of having done as the defendant is commanded, or the cause of omission thereof.
(3) When peremptory, the writ shall be in a form similar to that described in subsection (2) of this section, except that the words requiring the defendant to show cause why the defendant has not done as commanded, and to return the cause therefor, shall be omitted.
Cite this article: FindLaw.com - Oregon Revised Statutes Remedies and Special Actions and Proceedings § 34.150 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-3-remedies-and-special-actions-and-proceedings/or-rev-st-sect-34-150/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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