105.148
Contesting plaintiff’s affidavit or declaration of noncompliance; ex parte
review of hearing request; delaying execution upon judgment of restitution. (1)(a) To contest a plaintiff’s
affidavit or declaration of noncompliance under ORS 105.146 and delay
expiration of the notice of restitution period or execution upon the judgment
of restitution, a defendant shall file a request for hearing with the clerk of
the court. The request must be filed prior to issuance by the clerk of a writ
of execution of judgment of restitution and must include a statement by the
defendant describing how the defendant complied with the order or describing
why the defendant should not be required to comply.
(b) A court may,
as part of the procedure authorized by ORS 105.146 (6), require that a
defendant submit a hearing request to the court for ex parte review prior to
the defendant’s filing the request with the clerk. If the court provides for ex
parte review, the ex parte review must be available every judicial day for
appearance by the defendant before the court within the time period between
service of the notice of restitution and the date of expiration of the notice
of restitution. The notice of restitution must include or have attached to it a
description of the requirements for appearing before the court for ex parte
review and a copy of the hearing request form. The court may not require that
the defendant notify the plaintiff of the defendant’s intention to appear
before the court. If, after hearing the defendant at the ex parte review, the
court finds that the reasons given by the defendant for opposing the plaintiff’s
affidavit or declaration of noncompliance do not relate to the issues listed in
ORS 105.149 (2), the court shall deny the request for a hearing.