37.170 Notices
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/or/ors-chapter-37/receivership/37-170·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37.170 Notices. (1)(a) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must:
(A)Serve notice on all persons specified by the provision;
(B)Serve notice on all persons on the special notice list;
(C)File notice with the court; and
(D)File proof of service with the court.
(b)If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to
(D)of this subsection.
(2)Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.
(3)(a) Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.
(b)Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.
(4)(a) Except as provided in ORS 37.180, whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:
(A)The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and
(B)No objections are filed.
(b)If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.
(c)The court may, on its own motion, require a hearing on any proposed action.
(d)If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.
(5)The court may extend or shorten any notice periods for good cause shown.
(6)The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.
(7)In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 §17]