Skip to main content
Find a Lawyer

Oregon Revised Statutes Remedies and Special Actions and Proceedings § 34.610

Current as of January 01, 2023 | Updated by Findlaw Staff

If it appears on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, such prisoner shall be discharged only if one of the following cases exists:

(1) The jurisdiction of the court or officer has been exceeded, either as to matter, place, sum or person.

(2) The original imprisonment was lawful, yet by some act, omission or event which has taken place afterwards, the party has become entitled to be discharged.

(3) The order or process is defective in some matter of substance required by law, rendering the same void.

(4) The order or process, though in proper form, has been issued in a case not allowed by law.

(5) The person having the custody of the prisoner under such order or process is not the person empowered by law to detain the prisoner.

(6) The order or process is not authorized by any judgment of any court, nor by any provision of law.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Oregon Revised Statutes Remedies and Special Actions and Proceedings § 34.610 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-3-remedies-and-special-actions-and-proceedings/or-rev-st-sect-34-610/

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 before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard