Oregon Statutes 105.565 – Complaint; service; jury trial; admissibility of reputation as evidence
(1) Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property involved and an allegation that the owners of record of the property have been notified of the facts giving rise to the alleged nuisance at least 10 days prior to the filing of the action with the court. The complaint must specify whether the plaintiff will seek the remedy provided in ORS § 105.580 (2).
Terms Used In Oregon Statutes 105.565
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The complaint shall be served on owners of record as provided in ORCP 7. No service need be made prior to an application for a temporary restraining order, provided the procedures of ORCP 79 B are followed with regard to all persons entitled to service under this section.
(3) Except in those cases tried in the small claims department of a circuit court, any party may demand a trial by jury in any action brought under ORS § 105.550 to 105.600.
(4) On the issue of whether property is used in violation of ORS § 105.555 or 105.597, evidence of its general reputation and the reputation of persons residing in or frequenting it shall be admissible. [1989 c.846 § 5; 1999 c.168 § 2; 2015 c.136 § 4]
[Formerly 465.140; repealed by 1999 c.168 § 12]