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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) The defendant may, before the writ issues, move to deny the petition on the grounds that the petition fails to state a claim for habeas corpus relief. The defendant may, at any time after the writ issues, move to dismiss the writ on the grounds that the pleadings, including the petition, the return, the replication, if any, and any supporting evidence, demonstrate that plaintiff has failed to state or establish a claim for habeas corpus relief.
(2) The plaintiff may move to strike the return or any allegation or defense in the return. The defendant may move to strike the replication or any new matter in the replication, or by proof controvert the same, as upon a direct denial or avoidance.
(3) The return and replication shall be made within such time as the court or judge shall direct, and the petition, return and replication shall be construed and have the same effect as in an action.
Cite this article: FindLaw.com - Oregon Revised Statutes Remedies and Special Actions and Proceedings § 34.680 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-3-remedies-and-special-actions-and-proceedings/or-rev-st-sect-34-680/
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.
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