71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 567
 
                           A-Engrossed
 
                         House Bill 2361
                  Ordered by the Senate May 30
            Including Senate Amendments dated May 30
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for the Appellate Law section of the Oregon State
  Bar)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Allows appeal of stipulated judgment in certain circumstances
if party has reserved right to appeal ruling of trial court.
 
                        A BILL FOR AN ACT
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. + }
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