Judgments

ORS 18.082
Effect of entry of judgment


(1)

Upon entry of a judgment, the judgment:

(a)

Becomes the exclusive statement of the court’s decision in the case and governs the rights and obligations of the parties that are subject to the judgment;

(b)

May be enforced in the manner provided by law;

(c)

May be appealed in the manner provided by law;

(d)

Acts as official notice of the court’s decision; and

(e)

May be set aside or modified only by the court rendering the judgment or by another court or tribunal with the same or greater authority than the court rendering the judgment.

(2)

A general judgment incorporates a previous written decision of the court that decides one or more requests for relief in the case and that:

(a)

Is not a judgment;

(b)

Is consistent with the terms of the general judgment and any limited judgments in the case; and

(c)

Reflects an express determination by the court that the decision be conclusive as to the requests for relief that are resolved.

(3)

Upon entry of a general judgment, any request for relief in the action that is not decided by the general judgment or by a previous limited judgment, that has not been incorporated into the general judgment under subsection (2) of this section, or that cannot be decided by a supplemental judgment, is dismissed with prejudice unless the judgment provides that the dismissal is without prejudice.

(4)

Subsection (3) of this section does not affect the right of any party to assign error on appeal to any decision of a court made by order during an action.

(5)

Subsection (3) of this section does not apply to a general judgment of dismissal. Except as otherwise provided by law, by the Oregon Rules of Civil Procedure or by the terms of the judgment, a general judgment of dismissal is without prejudice as to any request for relief in the action.

(6)

If a document labeled as a decree is filed with the court administrator, or a judgment document is filed with the court administrator that does not indicate whether the judgment is a limited, general or supplemental judgment, and the court administrator fails to comply with ORS 18.058 (Duty of court administrator with respect to form of judgment document) and makes an entry in the register indicating that a judgment has been filed with court administrator, the document has the effect of a general judgment entered in circuit court. [2003 c.576 §11; 2005 c.568 §17]

Notes of Decisions

Where court administrator enters judgment in register, error in designating type of judgment does not affect appealability of judgment. Garcia v. DMV, 195 Or App 604, 99 P3d 316 (2004)

Pending motion for new trial makes judgment temporarily nonappealable, but does not prevent enforcement of judgment. Thompson v. Tlat, Inc., 205 Or App 518, 134 P3d 1099 (2006)

General judgment of dismissal has effect of dismissing otherwise unresolved claims without prejudice. Interstate Roofing, Inc. v. Springville Corp., 217 Or App 412, 177 P3d 1 (2008), modified 220 Or App 671, 188 P3d 359 (2008), modified 224 Or App 94, 197 P3d 27 (2008), overruled on other grounds, 347 Or 144, 218 P3d 113 (2009)

Where appellate court is determining trial court's concluding decision on claim or claims, court must make determination solely on basis of what is written in judgment document. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court's concluding decision or decisions, and if terms are set forth in document properly titled as judgment, then judgment document contains judgment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)


Source

Last accessed
Jun. 26, 2021