Oregon Statutes 192.431 – Court authority in reviewing action denying right to inspect public records; docketing; costs and attorney fees
(1) In any suit filed under ORS § 192.401, 192.411, 192.415, 192.422 or 192.427, the court has jurisdiction to enjoin the public body from withholding records and to order the production of any records improperly withheld from the person seeking disclosure. The court shall determine the matter de novo and the burden is on the public body to sustain its action. The court, on its own motion, may view the documents in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court.
Terms Used In Oregon Statutes 192.431
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Except as to causes the court considers of greater importance, proceedings arising under ORS § 192.401, 192.411, 192.415, 192.422 or 192.427 take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.
(3) If a person seeking the right to inspect or to receive a copy of a public record prevails in the suit, the person shall be awarded costs and disbursements and reasonable attorney fees at trial and on appeal. If the person prevails in part, the court may in its discretion award the person costs and disbursements and reasonable attorney fees at trial and on appeal, or an appropriate portion thereof. If the state agency failed to comply with the Attorney General’s order in full and did not issue a notice of intention to institute proceedings pursuant to ORS § 192.411 (2) within seven days after issuance of the order, or did not institute the proceedings within seven days after issuance of the notice, the petitioner shall be awarded costs of suit at the trial level and reasonable attorney fees regardless of which party instituted the suit and regardless of which party prevailed therein. [Formerly 192.490]
[2015 c.26 § 3; 2015 c.805 § 2; renumbered 192.365 in 2017]
[2015 c.805 § 3; renumbered 192.363 in 2017]
[1973 c.794 § 5; 1979 c.548 § 4; 1989 c.111 § 12; 1989 c.377 § 2; 1989 c.546 § 2; 1999 c.824 § 5; 2001 c.445 § 168; 2005 c.272 § 1; 2007 c.467 § 1; 2017 c.456 § 3; renumbered 192.324 in 2017]
[1993 c.787 § 5; 1995 c.742 § 12; 2003 c.807 § 1; renumbered 192.368 in 2017]
[2003 c.282 § 1; renumbered 192.371 in 2017]
[2012 c.93 § 2; 2012 c.93 § 5; renumbered 192.374 in 2017]
[1973 c.794 § 6; 1975 c.308 § 2; 1997 c.791 § 8; 1999 c.751 § 4; 2017 c.101 § 4; subsections (1) to (3) renumbered 192.411 and subsections (4) to (7) renumbered 192.401 in 2017]
[1973 c.794 § 7; 2007 c.513 § 4; renumbered 192.415 in 2017]
PUBLIC RECORDS ADVOCATE