The writ of habeas corpus ad subjiciendum is the writ designated in ORS § 34.310 to 34.730, and every other writ of habeas corpus is abolished. Every person imprisoned or otherwise restrained of liberty, within this state, except in the cases specified in ORS § 34.330, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and if illegal, to be delivered therefrom.

Terms Used In Oregon Statutes 34.310

  • 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.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

 

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