ORS 19.235
Jurisdiction for determining whether decision is appealable

(1)

Notwithstanding ORS 19.270 (Appellate jurisdiction of Supreme Court and Court of Appeals), if any party or the trial court on its own motion, on receiving actual notice of the filing of the notice of appeal, raises the issue whether the decision being appealed is appealable, the trial court shall have jurisdiction to make a summary determination, with or without a hearing, whether the decision is appealable. As used in this section, “decision” means any trial court ruling, either oral or written.

(2)

If the trial court determines that the decision is not appealable, the trial court, in its discretion, may proceed through entry of judgment or stay proceedings pending an appellate court determination of the existence of an appealable decision. The trial court may refer the question of the existence of an appealable decision to the court to which the appeal is taken. Neither an order by the trial court to proceed through entry of judgment, an order by the trial court to stay proceedings pending an appellate court determination, nor a trial court referral of the question of the existence of an appealable decision to the appellate court is appealable. However, on motion of any party or on its own motion the appellate court may stay proceedings in the trial court or stay any order or judgment entered by the trial court pending a final determination of appealability.

(3)

When a party by motion, the trial court by referral or the appellate court on its own motion raises the issue whether the decision is appealable, the appellate court may make a summary determination of the appealability of the decision. A summary determination of the appealability of a decision under this subsection is subject to review by the Supreme Court as provided in ORS 2.520 (Procedure for review of decisions of Court of Appeals) except that the petition for review shall be served and filed within 14 days after the date of the court’s determination. Either the Court of Appeals or the Supreme Court may shorten the time period within which the petition for review shall be filed. A petition for review of a determination under this subsection shall not be treated as a request for reconsideration by the Court of Appeals. The Supreme Court shall expedite its review of the Court of Appeals’ summary determination under this subsection.

(4)

Intentionally left blank —Ed.

(a)

The trial court’s authority to proceed with a case under subsection (2) of this section shall end when the appellate court has made an express determination that an appeal has been taken from an appealable order or judgment, all means for obtaining review of that determination under subsection (3) of this section have been exhausted, and the State Court Administrator at the direction of the court has mailed copies of the final appellate court determination to the trial court and the parties; otherwise, the trial court’s jurisdiction shall continue.

(b)

No action by the trial court taken pursuant to subsections (1) and (2) of this section, except for entry of judgment, shall be void solely because an appellate court later determines that a notice of appeal was filed from an appealable decision. [Formerly 19.034]

Source: Section 19.235 — Jurisdiction for determining whether decision is appealable, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

Trial court order is subject to summary determination of appealability only if Court of Appeals specifically denominates it as such. Hawkins v. City of LaGrande, 93 Or App 63, 760 P2d 1346 (1988)

Mere possibility that additional controversy could develop in future does not prevent dismissal of moot controversy. Brumnett v. Psychiatric Security Review Board, 315 Or 402, 848 P2d 1194 (1993)

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

§ 19.235’s source at oregon​.gov