Oregon Statutes 131A.245 – Hearing on objections to affidavit
(1) If a forfeiting agency files objections under ORS § 131A.240, the court shall determine from the affidavits whether there is a genuine issue of material fact with respect to the assertions of the financial institution, transferor, conveyor or successor in interest.
Terms Used In Oregon Statutes 131A.245
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney fees: has the meaning given that term in ORCP 68 A. See Oregon Statutes 131A.005
- Financial institution: means any person lawfully conducting business as:
(a) A financial institution or trust company, as those terms are defined in ORS § 706. See Oregon Statutes 131A.005
- Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
(2) If the court determines that there is no genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS § 131A.240 (2):
(a) The interest of the financial institution, transferor, conveyor or successor in interest shall be conclusively established for all purposes under this chapter;
(b) A transferor, conveyor or successor in interest shall be considered a financial institution for all purposes under this chapter; and
(c) The court shall order the forfeiting agency to pay the costs and disbursements, as described in ORCP 68 A, and the attorney fees of the prevailing financial institution, transferor, conveyor or successor in interest.
(3) If the court determines that there is a genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS § 131A.240, the financial institution, transferor, conveyor or successor in interest shall, within 15 days, file a responsive pleading as provided by ORS § 131A.235. The court may order the financial institution, transferor, conveyor or successor in interest to pay the attorney fees of the forfeiting agency that were incurred in contesting the affidavit of the financial institution, transferor, conveyor or successor in interest if the court determines that the affidavit of the financial institution, transferor, conveyor or successor in interest was frivolous. [2009 c.78 § 30]