(1) Any court of the State of Oregon may authorize the filing of a petition for a writ of habeas corpus by or on behalf of any person imprisoned or otherwise restrained of liberty by virtue of a charge or conviction of crime without payment of the filing fees therefor, if such person presents to the court or judge thereof satisfactory proof, by declaration under penalty of perjury and as otherwise required by such judge, that the person is unable to pay such fees.

Terms Used In Oregon Statutes 34.365

  • Conviction: A judgement of guilt against a criminal defendant.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(2) Notwithstanding the fact that a court has authorized the filing of a petition without payment of the filing fee required by ORS § 34.340, the fee may be drawn from, or charged against, the plaintiff‘s trust account if the plaintiff is an adult in custody in a correctional facility. [1955 c.493 § 1; 1995 c.657 § 7; 1999 c.114 § 4; 2019 c.213 § 11; 2022 c.68 § 7]

 

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