(1)(a) Except as provided in subsection (3) of this section, the victim or the prosecuting attorney shall provide notice of a claim asserted by the victim to any person the victim wishes to have bound by an order granting relief by providing the person with a copy of the order to show cause described in this section. The victim or prosecuting attorney shall provide the court with a mailing address for any person the victim or prosecuting attorney provides with a copy of the order to show cause under this paragraph.
Terms Used In Oregon Statutes 147.517
- affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(b) An order granting relief under ORS 147.520 or 147.530 is not enforceable against, and has no legal effect on, any person who did not receive notice or have knowledge of the claim and did not have a reasonable opportunity to be heard regarding the claim.
(2) Upon receipt of a facially valid claim under ORS 147.515 (3) or (4)(b), the court shall issue an order to show cause why the victim should not be granted relief. The court shall, after considering the requirements of ORS 147.530 (5)(a), include in the order to show cause the date:
(a) By which responses to the claim must be submitted to the court; and
(b) On which the court will conduct a hearing on timely responses to the claim.
(3) The court shall provide a copy of the order to show cause and of the form described in ORS 147.515 (2)(a), if the form was completed, to:
(a) The victim;
(b) The prosecuting attorney; and
(c) The defendant.
(4)(a) If the court issues an order to show cause under this section, a victim, the prosecuting attorney, the defendant or any person against whom relief is requested may contest the claim by filing a response with the court before the date specified in the order under subsection (2)(a) of this section.
(b)(A) When a claim alleges a violation of a right granted to the victim under section 42, Article I of the Oregon Constitution, the prosecuting attorney may file an ex parte response that includes an affidavit setting forth good cause to suspend the rights established in section 42, Article I of the Oregon Constitution.
(B) The court shall review the response and affidavit in camera. If the court finds that the prosecuting attorney has a good faith belief that the criminal proceeding involves a minor victim or organized crime, as that term is defined in ORS 180.600, and the court finds good cause to suspend the rights established in section 42, Article I of the Oregon Constitution, the court shall enter an order suspending those rights. The order may not include the facts that formed the basis of the suspension.
(C) The prosecuting attorney shall make a reasonable effort to provide notice of the suspension to the victim and the defendant.
(D) The response and affidavit described in this paragraph may not be disclosed and must be sealed and made a part of the record for purposes of appellate review. [2009 c.178 § 7]
See note under 147.500.