(1) With respect to a habeas corpus or quo warranto proceeding under Article VII (Amended), section 2, of the Oregon Constitution, the procedure for filing a petition (including a statement in the petition why application was not made to the circuit court), the defendant’s appearance in opposition thereto, the court’s consideration of the petition, and briefing and oral argument shall be the same insofar as practicable as for a writ of mandamus.
(2) A petition for a writ of habeas corpus shall be entitled ” , Plaintiff, v. , Defendant.” A petition for a writ of quo warranto shall be entitled ” , Petitioner, v. , Respondent.”
(3) If the petition for a writ of habeas corpus includes an attachment containing material that is, by statute or court order, confidential, sealed, or otherwise exempt from disclosure,1 the petition must comply with the requirements of ORAP 8.52.
1 See, e.g., ORS 36.222(5) regarding confidential mediation communications and agreements; ORS 135.139, ORS 433.045(3), and ORS 433.055 regarding records revealing HIV test information; ORS 137.077 regarding presentence investigation reports; ORS 179.495 and ORS 179.505 regarding medical records maintained by state institutions; ORS 412.094 regarding nonsupport investigation records; ORS 419B.035 regarding abuse investigation records; ORS 426.160 and ORS 426.370 regarding records in civil commitment cases; and ORS 430.399(6) regarding alcohol and drug abuse records. See generally ORAP 16.15(5)(b) for procedure for eFiling attachments that are confidential or otherwise exempt from disclosure.
See ORS 34.310 through 34.730 and Article VII (Amended), section 2, of the Oregon Constitution; see also ORS 30.510 through ORS 30.640 relating to actions for usurpation of an office or of a franchise.
