Legal Opinion

State v. Hilborn

Oregon Supreme Court

Decided August 20, 1985No. TC MC 83-2164 A30898 SC S31455PublishedCited by 8 opinions

1Opinion of the CourtCampbell, J.

This is a case of statutory interpretation. The issue is: In a contested case, when is a party required by ORS 14.260 to file a motion to disqualify a judge before whom the cause is pending? The following are relevant portions of ORS 14.260:

“Any party to * * * any cause * * * in a circuit court may establish the prejudice described in ORS 14.250 by motion supported by affidavit that the judge before whom the cause * * * is pending is prejudiced against such party * * *. The affidavit shall be filed * * * in contested cases before or within five days after such cause * * * is at issue upon a…

2Cases cited3 opinions

  1. State v. CrosbyOregon Supreme Court · 1959
  2. Rilcoff v. Superior CourtCalifornia Court of Appeal · 1942
  3. State v. HilbornCourt of Appeals of Oregon · 1984

3Cited by8 opinions

  1. Robinson v. Lamb's Wilsonville ThriftwayOregon Supreme Court · 2001
  2. In re ThompsonOregon Supreme Court · 1997
  3. State v. GarzaCourt of Appeals of Oregon · 1993
  4. Frohnmayer v. LowCourt of Appeals of Oregon · 1991
  5. Allee v. MorrowCourt of Appeals of Oregon · 2001

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API