(4) or a motion filed under ORS 147.522 shall be conducted in

147.517 (4) or a motion filed under ORS 147.522 shall be conducted in accordance with this section.

����� (2) At the hearing, the court may receive evidence relevant to the claim or motion.

����� (3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence.

����� (4) If the court determines that the moving party:

����� (a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order.

����� (b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief.

����� (5) An order issued under subsection (4) of this section must:

����� (a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date.

����� (b) Except as provided in ORS 147.517 (4)(b)(B), include the reasons relief was granted or denied.

����� (6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517 (4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (1)(a). [2009 c.178 �11; 2013 c.224 �2]

����� Note: See note under 147.500.

����� 147.533 Waiver of remedy. (1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested:

����� (a) By a victim who had notice of a related claim and did neither of the following:

����� (A) File a response under ORS 147.517 (4); or

����� (B) Participate in a hearing under ORS 147.530; or

����� (b) By any person after:

����� (A) The date determined by the court under ORS 147.517 (2)(a) if the person is filing a response;

����� (B) The period of time described in ORS 147.522 if the person is filing a motion; or

����� (C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.

����� (2) Subsection (1) of this section does not apply to:

����� (a) Remedies that may be effectuated after the disposition of a criminal proceeding;

����� (b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;

����� (c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;

����� (d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or

����� (e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 �12]

����� Note: See note under 147.500.

����� 147.535 Appeals generally. (1)(a) Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS