Oregon Revised Statutes Chapter 34 § 34.040 — When
Oregon Revised Statutes Chapter 34 ·
Oregon Code § 34.040·Enacted ·Last updated March 01, 2026
Statute Text
When
allowed.
(1) The
writ shall be allowed in all cases in which a substantial interest of a
plaintiff has been injured and an inferior court including an officer or
tribunal other than an agency as defined in ORS 183.310 (1) in the exercise of
judicial or quasi-judicial functions appears to have:
(a) Exceeded its
jurisdiction;
(b) Failed to
follow the procedure applicable to the matter before it;
(c) Made a
finding or order not supported by substantial evidence in the whole record;
(d) Improperly
construed the applicable law; or
(e) Rendered a
decision that is unconstitutional.
(2) The fact that
the right of appeal exists is no bar to the issuance of the writ. [Amended by
1965 c.292 §1; 1973 c.561 §1; 1979 c.772 §13; 1995 c.79 §12; 1995 c.658 §29]
Plain English Explanation
This Oregon statute addresses When
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 34.040
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses When
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