ORS 19.225
Appealability of certain orders in class actions

When a circuit court judge, in making in a class action under ORCP 32 an order not otherwise appealable, is of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, the judge shall so state in writing in such order. The Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from such order to the Court of Appeals if application is made to the court within 10 days after the entry of the order. Application for such an appeal shall not stay proceedings in the circuit court unless the circuit court judge or the Court of Appeals or a judge thereof shall so order. [Formerly 19.015]

Source: Section 19.225 — Appealability of certain orders in class actions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

An appeal from an order denying class action status is not appealable before final judgment as a matter of right, but rather at the discretion of the appellate court exercising jurisdiction after the trial court has certified the order for appeal. Joachim v. Crater Lake Lodge, Inc., 276 Or 875, 556 P2d 1334 (1976)

Scope of appellate review is limited to answering controlling questions identified by trial court. Shea v. Chicago Pneumatic Tool Co., 164 Or App 198, 990 P2d 912 (1999), Sup Ct review denied

Exercise of appellate court discretion under this section is guided by same principles established for appeal from interlocutory orders in federal court. Pearson v. Phillip Morris, Inc., 208 Or App 501, 145 P3d 298 (2006)

Action filed as class action is “class action under ORCP 32,” whether or not court orders proceeding maintained as class action. Joarnt v. Autozone, Inc., 343 Or 187, 166 P3d 525 (2007)

19.005
Definitions 19.205
Appealable judgments and orders 19.215
Determining amount in controversy in class action for purposes of appeal 19.225
Appealability of certain orders in class actions 19.235
Jurisdiction for determining whether decision is appealable 19.240
How appeal to Court of Appeals taken 19.245
Who may appeal 19.250
Contents of notice of appeal 19.255
Time for service and filing of notice of appeal 19.260
Filing by mail or delivery 19.265
Payment of filing fee 19.270
Appellate jurisdiction of Supreme Court and Court of Appeals 19.275
Continuing jurisdiction of trial court in certain domestic relations cases 19.300
Undertakings on appeal generally 19.305
Qualifications of sureties 19.310
Waiver, reduction or limitation of undertaking 19.312
Supersedeas undertaking in certain actions against tobacco product manufacturer 19.315
Requirements for use of letter of credit 19.320
Expiration and renewal of letter of credit 19.325
Payment on letter of credit 19.330
Stays generally 19.335
Stay by filing of supersedeas undertaking 19.340
Waiver of supersedeas undertaking 19.345
Enforcement of judgment in contract action notwithstanding appeal 19.350
Discretionary stay by court 19.355
Stay of domestic relations judgment 19.360
Appellate review of trial court orders relating to undertakings and stays 19.365
Preparation and transmission of record generally 19.370
Certification and service of transcript 19.375
Cost of transcript 19.380
Agreed narrative statement 19.385
Audio records 19.390
Bill of exceptions not required 19.395
Time extensions for preparation of record 19.400
Where appeals heard 19.405
Certification of appeal to Supreme Court 19.410
Stipulated dismissals 19.415
Scope of appellate review 19.420
Action by appellate court on appeal 19.425
Review of intermediate orders 19.430
Review of trial court order granting a new trial on court’s own initiative 19.435
Memorandum decisions 19.440
Award of attorney fees authorized by statute 19.445
Damages upon affirmance of judgment 19.450
Appellate judgment 19.500
Service of documents under provisions of chapter 19.510
Powers of successor trial judge with respect to appeals
Green check means up to date. Up to date

Current through early 2024

§ 19.225’s source at oregon​.gov