ORS 20.220
Appeal on attorney fees and costs

  • effect of reversal or modification

(1)

An appeal may be taken from a judgment under ORCP 68 C(4) allowing or denying attorney fees or costs and disbursements on questions of law only, as in other cases. On such appeal the statement of attorney fees or costs and disbursements, the objections thereto and the judgment rendered thereon shall constitute the trial court file, as defined in ORS 19.005 (Definitions).

(2)

If an appeal is taken from a judgment under ORS 19.205 (Appealable judgments and orders) before the trial court enters a judgment under ORCP 68 C(4), any necessary modification of the appeal shall be pursuant to rules of the appellate court.

(3)

When an appeal is taken from a judgment under ORS 19.205 (Appealable judgments and orders) to which an award of attorney fees or costs and disbursements relates:

(a)

If the appellate court reverses the judgment, the award of attorney fees or costs and disbursements shall be deemed reversed; or

(b)

If the appellate court modifies the judgment such that the party who was awarded attorney fees or costs and disbursements is no longer entitled to the award, the party against whom attorney fees or costs and disbursements were awarded may move for relief under ORCP 71 B(1)(e). [Amended by 1967 c.471 §2; 1981 c.898 §22; 1989 c.768 §7]

Source: Section 20.220 — Appeal on attorney fees and costs; effect of reversal or modification, https://www.­oregonlegislature.­gov/bills_laws/ors/ors020.­html.

Notes of Decisions

This section applies both when party desires to appeal from judgment for costs and attorney fees and when appeal is from underlying judgment. Jansen v. Atiyeh, 302 Or 314, 728 P2d 1382 (1986)

Because reversal of underlying judgment appealed under ORS 19.205 results in reversal of supplemental judgment awarding attorney fees under this section, determination of merits of appeal of underlying judgment will have practical effect on rights of parties. State ex rel Select Reform Com. v. City of Jefferson, 306 Or App 239, 474 P3d 399 (2020)

20.075
Factors to be considered by court in awarding attorney fees 20.077
Determination of prevailing party 20.080
Attorney fees for certain small tort claims 20.082
Attorney fees for small contract claims 20.083
Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract 20.085
Costs and attorney fees in inverse condemnation proceedings 20.094
Attorney fees in actions or suits in which discharge in bankruptcy asserted 20.096
Reciprocity of attorney fees and costs in proceedings to enforce contract 20.097
Attorney fees and costs where defendant prevails in certain proceedings to enforce contract 20.098
Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty 20.105
Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis 20.107
Attorney and expert witness fees and other costs on claim of unlawful discrimination 20.115
Service expenses recoverable as costs and disbursements 20.120
Costs on review of decision of officer, tribunal, or court of inferior jurisdiction 20.125
Assessment of costs and attorney fees against attorney causing mistrial 20.130
Proceeding to which state or public corporation is party 20.140
State and certain public corporations not required to advance costs 20.150
Recovery of costs and disbursements when party represented by another 20.180
Effect of tender as to costs 20.190
Prevailing party fees 20.220
Appeal on attorney fees and costs 20.310
Costs and disbursements in Supreme Court or Court of Appeals 20.320
Statement of costs and disbursements 20.330
Costs and disbursements in cases of original jurisdiction 20.340
Contingent fee agreement
Green check means up to date. Up to date

Current through early 2024

§ 20.220’s source at oregon​.gov