72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2761
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to civil procedure; amending ORS 19.255 and 24.220.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 19.255 is amended to read:
19.255. (1) Except as provided in subsections (2) and (3) of
this section, { - the - } { + a + } notice of appeal
{ - shall - } { + must + } be served and filed within 30 days
after the judgment appealed from is entered in the register.
{ - (2) Where any party has served and filed a motion for a
new trial or a motion for judgment notwithstanding the verdict,
the notice of appeal of any party shall be served and filed
within 30 days after the earlier of the following dates: - }
{ - (a) The date that the order disposing of the motion is
entered in the register. - }
{ - (b) The date on which the motion is deemed denied, as
provided in ORCP 63 D or 64 F. - }
{ + (2) If a motion for a new trial is filed and served
within the time allowed by ORCP 64, or a motion for judgment
notwithstanding the verdict is filed and served within the time
allowed by ORCP 63, a notice of appeal must be served and filed:
(a) Within 30 days after the order disposing of the motion is
entered in the register, or within 30 days after the motion is
deemed denied under ORCP 63 D or 64 F, whichever is first; or
(b) Within the time allowed by subsection (1) of this section,
if the period of time provided for in subsection (1) of this
section expires later than the period of time provided for in
paragraph (a) of this subsection. + }
(3) Any other party who has appeared in the action, suit or
proceeding, desiring to appeal against the appellant or any other
party to the action, suit or proceeding, may serve and file
notice of appeal within 10 days after the expiration of the time
allowed by subsections (1) and (2) of this section. Any party not
an appellant or respondent, but who becomes an adverse party to a
cross appeal, may cross appeal against any party to the appeal by
a written statement in the brief.
(4) Except as otherwise ordered by the appellate court, when
more than one notice of appeal is filed, the date on which the
last such notice was filed shall be used in determining the time
for preparation of the transcript, filing briefs and other steps
in connection with the appeal.
SECTION 2. ORS 24.220 is amended to read:
24.220. (1) Except as provided in subsections (3) and (4) of
this section, a foreign judgment meeting the requirements of
Enrolled House Bill 2761 (HB 2761-B) Page 1
subsection (2) of this section is conclusive between the parties
to the extent that it grants or denies recovery of a sum of
money. The foreign judgment is enforceable in the same manner as
the judgment of a sister state which is entitled to full faith
and credit.
(2) ORS 24.200 to 24.255 applies to any foreign judgment that
is final and conclusive and enforceable where rendered even
though an appeal therefrom is pending or it is subject to appeal.
(3) A foreign judgment is not conclusive if:
(a) The judgment was rendered under a system which does not
provide impartial tribunals or procedures compatible with the
requirements of due process of law;
(b) The foreign court did not have personal jurisdiction over
the defendant; or
(c) The foreign court did not have jurisdiction over the
subject matter.
(4) A foreign judgment { - need - } { + may + } not be
recognized if:
(a) The defendant in the proceedings in the foreign court did
not receive notice of the proceedings in sufficient time to
enable the defendant to defend;
(b) The judgment was obtained by fraud;
(c) The cause of action on which the judgment is based is
repugnant to the public policy of this state;
(d) The judgment conflicts with another final and conclusive
judgment;
(e) The proceeding in the foreign court was contrary to an
agreement between the parties under which the dispute in question
was to be settled otherwise than by proceedings in that court;
{ - or - }
(f) In the case of jurisdiction based only on personal service,
the foreign court was a seriously inconvenient forum for the
trial of the action { - . - } { + ; or
(g) The party seeking to enforce the foreign judgment fails to
demonstrate that the foreign court that rendered the judgment
recognizes and enforces judgments of the state and federal courts
of the United States. + }
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Passed by House April 10, 2003
Repassed by House May 13, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 9, 2003
...........................................................
President of Senate
Enrolled House Bill 2761 (HB 2761-B) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2761 (HB 2761-B) Page 3