ORS 19.245
Who may appeal

  • appeal of default judgments and judgments taken by confession
  • appeal of stipulated judgments

(1)

Except as provided in subsections (2) and (3) of this section, any party to a judgment may appeal from the judgment.

(2)

A party to a judgment given by confession or for want of an answer may not appeal from the judgment except as follows:

(a)

A plaintiff, third party plaintiff or a party who pleaded a cross-claim or counterclaim may appeal from the judgment if the judgment is not in accord with the relief demanded in the complaint.

(b)

A defendant may appeal from the judgment if the trial court has entered a default judgment against the defendant as a sanction or has denied a motion to set aside a default order or judgment.

(c)

A defendant may appeal from the judgment if it is void.

(3)

A party to a stipulated judgment may appeal from the judgment only if:

(a)

The judgment specifically provides that the party has reserved the right to appellate review of a ruling of the trial court in the cause; and

(b)

The appeal presents a justiciable controversy. [Formerly 19.020; 1999 c.367 §1; 2001 c.541 §1]

Source: Section 19.245 — Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

Where nothing in record or claims made by purported appellant identified any interest in or relationship to domestic relations case, appeal dismissed because it was brought by nonparty. Davis and Davis, 97 Or App 594, 776 P2d 877 (1989)

“Judgment . . . by confession” means judgment entered pursuant to voluntary act or agreement of one party. Russell v. Sheahan, 324 Or 445, 927 P2d 591 (1996)

Person stipulating to judgment loses status as “party to judgment” and waives ability to appeal stipulated judgment. Russell v. Sheahan, 324 Or 445, 927 P2d 591 (1996); Jensen and Jensen, 169 Or App 19, 7 P3d 691 (2000). But see Brown and Shiban, 155 Or App 238, 963 P2d 105 (1998), Sup Ct review denied

Default judgment under ORCP 69A is judgment “for want of answer.” Gibbons and Gibbons, 153 Or App 377, 956 P2d 1069 (1998), on reconsideration 155 Or App 262, 964 P2d 1050 (1998)

Stipulated judgment is not made appealable by judgment provision that attempts to reserve party’s right of appeal. Rauda v. Oregon Roses, Inc., 329 Or 265, 986 P2d 1157 (1999)

Prohibition against appeal from judgment entered for want of answer applies to appeal from final disposition of petition terminating parental rights. State ex rel Juvenile Dept. v. Jenkins, 209 Or App 637, 149 P3d 324 (2006), Sup Ct review denied

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

§ 19.245’s source at oregon​.gov