Chapter 541 Oregon Laws 2001

AN ACT

HB 2361

Relating to appeals from stipulated judgments; creating new provisions; and amending ORS 19.245.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 19.245 is amended to read:

19.245. (1) Except as provided in [subsection] 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.

SECTION 2. The amendments to ORS 19.245 by section 1 of this 2001 Act apply only to judgments entered in the register of a court on or after the effective date of this 2001 Act.

Approved by the Governor June 22, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date January 1, 2002

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