Chapter 398 — Chapter 398

ORS 398.338 [1961 c.454 §170; repealed by 2013 c.81 §20]

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ORS 398.340 [1961 c.454 §171; 1985 c.682 §48; repealed by 2013 c.81 §20]

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ORS 398.342 [1961 c.454 §172; repealed by 2013 c.81 §20]

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ORS 398.344 [1961 c.454 §173; repealed by 2013 c.81 §20]

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ORS 398.346 [1961 c.454 §174; repealed by 2013 c.81 §20]

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ORS 398.348 [1961 c.454 §175; repealed by 2013 c.81 §20]

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ORS 398.350 [1961 c.454 §176; repealed by 2013 c.81 §20]

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ORS 398.352 [1961 c.454 §177; repealed by 2013 c.81 §20]

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ORS 398.354 [1961 c.454 §178; repealed by 2013 c.81 §20]

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ORS 398.356 [1961 c.454 §179; repealed by 2013 c.81 §20]

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ORS 398.358 [1961 c.454 §180; repealed by 2013 c.81 §20]

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ORS 398.360 [1961 c.454 §181; repealed by 2013 c.81 §20]

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ORS 398.362 [1961 c.454 §182; repealed by 2013 c.81 §20]

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ORS 398.366 [1961 c.454 §183; repealed by 2013 c.81 §20]

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ORS 398.368 [1961 c.454 §184; repealed by 2013 c.81 §20]

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ORS 398.370 [1961 c.454 §185; repealed by 2013 c.81 §20]

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ORS 398.372 [1961 c.454 §186; 1975 c.719 §31; 1979 c.744 §18; 1985 c.682 §49; repealed by 2013 c.81 §20]

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ORS 398.374 [1961 c.454 §187; 1985 c.682 §50; repealed by 2013 c.81 §20]

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ORS 398.375 [1985 c.682 §4; repealed by 2013 c.81 §20]

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ORS 398.376 [1961 c.454 §188; repealed by 1975 c.719 §34]

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ORS 398.378 [1961 c.454 §189; repealed by 2013 c.81 §20]

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ORS 398.380 [1961 c.454 §190; repealed by 2013 c.81 §20]

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ORS 398.382 [1961 c.454 §191; repealed by 1975 c.719 §34]

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ORS 398.384 [1961 c.454 §194; 1975 c.719 §32; 1985 c.682 §51; repealed by 2013 c.81 §20]

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ORS 398.386 [1961 c.454 §192; repealed by 2013 c.81 §20]

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ORS 398.388 [1961 c.454 §193; repealed by 2013 c.81 §20]

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ORS 398.390 [1961 c.454 §195; repealed by 1975 c.719 §34]

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ORS 398.391 [1985 c.682 §3; repealed by 2013 c.81 §20]

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ORS 398.392 [1961 c.454 §196; 1971 c.743 §363; repealed by 1975 c.719 §34]

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ORS 398.393 [1985 c.682 §5; repealed by 2013 c.81 §20]

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ORS 398.394 [1985 c.682 §6; repealed by 2013 c.81 §20]

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ORS 398.395 [1985 c.682 §7; repealed by 2013 c.81 §20]

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ORS 398.397 [1985 c.682 §8; repealed by 2013 c.81 §20]

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ORS 398.399 [1985 c.682 §9; repealed by 2013 c.81 §20]

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ORS 398.400 [1985 c.682 §10; 1999 c.157 §7; repealed by 2013 c.81 §20]

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ORS 398.402 [1961 c.454 §197; 1989 c.360 §10; repealed by 2013 c.81 §20]

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ORS 398.404 [1961 c.454 §201; repealed by 2013 c.81 §20]

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ORS 398.406 Execution of process and sentence. In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state. Where no provision is made for executing those processes and sentences, the process or sentence shall be executed by a United States Marshal or deputy marshal, who shall make a return to the military officer issuing the process or the court imposing the sentence, pursuant to section 333 of title 32, United States Code. [1961 c.454 §202]

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ORS 398.408 Process of military courts. (1) Military courts may issue all process necessary to carry into effect the powers vested in those courts. Such courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when the courts are sitting within the state and the witnesses, books and records sought are also so located

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ORS 398.410 [1961 c.454 §204; 1963 c.169 §7; repealed by 2013 c.81 §20]

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ORS 398.412 Immunity for action of military courts. No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process of a military court. [1961 c.454 §205; 1981 c.178 §14]

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ORS 398.414 Presumption of jurisdiction. The jurisdiction of the military courts and boards established by this chapter and the Oregon Code of Military Justice shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding. [1961 c.454 §206; 2013 c.81 §17]

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ORS 398.416 Delegation of authority by Governor. The Governor may delegate any authority vested in the Governor under this chapter, and may provide for the subdelegation of any such authority, except with respect to the power given the Governor by ORS 398.118. [1961 c.454 §207; 1985 c.682 §52; 2005 c.512 §40; 2013 c.81 §18]

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ORS 398.418 Payment of expenses. The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice from any fund appropriated to the Oregon Military Department. [1985 c.682 §12; 1989 c.360 §11]

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ORS 398.420 Armed Forces Court of Appeals for Oregon. (1) There is established within the Oregon Military Department the Armed Forces Court of Appeals for Oregon

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