Oregon Statutes 105.159 – Computation of time before plaintiff may request writ of execution
(1) Notwithstanding ORCP 10, the four-day period specified in ORS § 105.151 (2) shall:
Terms Used In Oregon Statutes 105.159
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) Commence at 12:01 a.m. on the day after mailing and service of the notice of restitution pursuant to ORS § 105.158, including a Saturday or a Sunday or other legal holiday; and
(b) End at 11:59 p.m. on the fourth calendar day after the mailing and service except that if the fourth day is a Saturday or a Sunday or other legal holiday, the period shall end at 11:59 p.m. on the day preceding the next judicial day.
(2) Except as provided in subsection (3) of this section, at any time after the expiration of the period provided in the notice of restitution, the plaintiff may request that the clerk of the court issue a writ of execution of judgment of restitution directing the sheriff to enforce the judgment of restitution by returning possession of the premises to the plaintiff. After payment of any required fees, the clerk shall issue the writ in substantially the form provided by ORS § 105.156.
(3) Unless the judgment otherwise provides, the clerk may not issue a notice of restitution or a writ of execution of judgment of restitution more than 60 days after the judgment is entered or after any date for possession as specified in the judgment, whichever is later. [2001 c.596 § 20 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2015 c.388 § 2]
[Repealed by 1977 c.365 § 3 and 1977 c.416 § 5]