ORS 28.090
Trial of issues of fact

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other actions at law or suits in equity in the court in which the proceeding is pending.

Source: Section 28.090 — Trial of issues of fact, https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html.

Notes of Decisions

Declaratory judgment proceeding may be reviewed either as action at law or as suit in equity, depending upon its nature. Frontier Ins. Agency, Inc. v. Hartford Fire Ins. Co., 262 Or 470, 499 P2d 1302 (1972)

Declaratory judgment proceeding which was in the nature of action on insurance contract was treated as action at law, and appellate court was bound by trial court’s findings if they are supported by any substantial evidence. Frontier Ins. Agency, Inc. v. Hartford Fire Ins. Co., 262 Or 470, 499 P2d 1302 (1972)

Declaratory judgment proceedings requesting the construction of contracts are legal in nature, and factual determinations by the trier of fact which are supported by evidence are treated as final on appeal. C & B Livestock, Inc. v. Johns, 273 Or 6, 539 P2d 645 (1975)

Where all claims in which plaintiff prevailed were equitable in nature and historically tried in equity, defendants were not entitled to jury trial. Agnew v. Haskell, 71 Or App 357, 692 P2d 650 (1984)

Green check means up to date. Up to date

Current through early 2024

§ 28.090’s source at oregon​.gov