(1) The court shall consider the petition filed under ORS § 87.272 and may consider other evidence, including, but not limited to, an affidavit, deposition, exhibit or oral testimony.

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Terms Used In Oregon Statutes 87.276

  • 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.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(2) If from the petition or other evidence, if any, the court finds that a notice of claim of lien has been filed and that there is probable cause for sustaining the validity of the lien claim, the court shall issue a show cause order as provided in ORS § 87.288. The finding under this subsection is subject to dissolution upon hearing. [1975 c.648 § 28]

 

[Repealed by 1975 c.648 § 72]