Oregon Code § 34.680·Enacted ·Last updated March 01, 2026
Statute Text
Motion
to deny petition; motion to strike; controverting replication; time to plead;
construction and effect of pleadings.
(1) The defendant may, before the writ issues, move to deny the petition on the
grounds that the petition fails to state a claim for habeas corpus relief. The
defendant may, at any time after the writ issues, move to dismiss the writ on
the grounds that the pleadings, including the petition, the return, the
replication, if any, and any supporting evidence, demonstrate that plaintiff
has failed to state or establish a claim for habeas corpus relief.
(2) The plaintiff
may move to strike the return or any allegation or defense in the return. The
defendant may move to strike the replication or any new matter in the
replication, or by proof controvert the same, as upon a direct denial or
avoidance.
(3) The return
and replication shall be made within such time as the court or judge shall
direct, and the petition, return and replication shall be construed and have
the same effect as in an action. [Amended by 1979 c.284 §74; 1991 c.884 §8]
Plain English Explanation
This Oregon statute addresses Motion
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 34.680
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Motion
. Read the full statute text above for details.
This page reflects the current text as of our last update. Always verify with the official Oregon legislature website for the most current version.
The formal citation is Oregon Code § 34.680. Use this format in legal documents and court filings.
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