Current through 2024 Regular Session legislation
Section 147.530 - Hearing on claim, response or motion; order(1) A hearing on a claim, a response filed under ORS 147.517(4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section.(2) At the hearing, the court may receive evidence relevant to the claim or motion.(3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence.(4) If the court determines that the moving party:(a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order.(b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief.(5) An order issued under subsection (4) of this section must: (a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date.(b) Except as provided in ORS 147.517(4)(b)(B), include the reasons relief was granted or denied.(6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517(4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517(1)(a). Amended by 2013 Ch. 224,§ 2, eff. 5/23/2013.