Oregon Statutes 34.150 – Peremptory and alternative writs; form
(1) The writ shall be either alternative or peremptory.
Terms Used In Oregon Statutes 34.150
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) When in the alternative, the writ shall:
(a) State concisely the facts, according to the petition, showing:
(A) The obligation of the defendant to perform the act; and
(B) The omission of the defendant to perform the act;
(b) Command that the defendant, immediately after the receipt of the writ, or at some other specified time:
(A) Perform the act required to be performed; or
(B) Show cause before the court or judge thereof, by whom the writ was allowed, at a time and place therein specified, why the defendant has not done so; and
(c) Command that the defendant then and there return the writ, with the certificate of the defendant annexed, of having done as the defendant is commanded, or the cause of omission thereof.
(3) When peremptory, the writ shall be in a form similar to that described in subsection (2) of this section, except that the words requiring the defendant to show cause why the defendant has not done as commanded, and to return the cause therefor, shall be omitted. [Amended by 2005 c.22 § 26]