2005 Oregon Code - Chapter 28 :: TITLE 3
Chapter 28 Declaratory Judgments; Certification of Questions of Law
2005 EDITION
TITLE 3
REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter 28. Declaratory Judgments; Certification of Questions of Law
30. Actions and Suits in Particular Cases
31. Tort Actions
33. Special Proceedings and Procedures
34. Writs
35. Eminent Domain; Public Acquisition of Property
36. Mediation and Arbitration
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Chapter 28 Declaratory Judgments; Certification of Questions of Law
2005 EDITION
DECLARATORY JUDGMENTS; QUESTIONS OF LAW
SPECIAL ACTIONS AND PROCEEDINGS
DECLARATORY JUDGMENTS
28.010 Power of courts; form of declaration
28.020 Declarations as to writings and laws
28.030 Construction of contract before or after breach
28.040 Declaratory judgments on trusts or estates
28.050 Enumeration not exclusive
28.060 Discretion of court to refuse judgment
28.070 Appeal or review
28.080 Supplemental relief
28.090 Trial of issues of fact
28.100 Costs
28.110 Parties; service on Attorney General when constitutional question involved
28.120 Construction and administration
28.130 "Person" defined
28.140 Provisions severable
28.150 Uniformity of interpretation
28.160 Short title
CERTIFICATION OF QUESTIONS OF LAW
28.200 Supreme Court authorized to answer questions of law certified by other courts
28.205 Procedure to invoke ORS 28.200 to 28.255
28.210 Certification order
28.215 Form of certification order; submission of record
28.220 Fees; apportionment between parties
28.225 Procedure in certification matters
28.230 Opinion on certified question
28.235 Certification to another state
28.240 Procedure for certification to another state
28.245 Severability
28.250 Construction
28.255 Short title
DECLARATORY JUDGMENTS
28.010
Power of courts; form of declaration. Courts of record within their
respective jurisdictions shall have power to declare rights, status, and other
legal relations, whether or not further relief is or could be claimed. No
action or proceeding shall be open to objection on the ground that a declaratory
judgment is prayed for. The declaration may be either affirmative or negative
in form and effect, and such declarations shall have the force and effect of a
judgment. [Amended by 2003 c.576 §302]
28.020
Declarations as to writings and laws. Any person interested under a deed,
will, written contract or other writing constituting a contract, or whose
rights, status or other legal relations are affected by a constitution,
statute, municipal charter, ordinance, contract or franchise may have determined
any question of construction or validity arising under any such instrument,
constitution, statute, municipal charter, ordinance, contract or franchise and
obtain a declaration of rights, status or other legal relations thereunder.
28.030
Construction of contract before or after breach. A contract may be
construed either before or after there has been a breach thereof.
28.040
Declaratory judgments on trusts or estates. Any person interested as or
through an executor, administrator, trustee, guardian or other fiduciary,
creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the
administration of a trust, or of the estate of a decedent, ward or insolvent,
may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
(2) To direct the executors, administrators, trustees, guardians or conservators to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. [Amended by 1961 c.344 §101]
28.050
Enumeration not exclusive. The enumeration in ORS 28.010 to 28.040 does not
limit or restrict the exercise of the general powers conferred in ORS 28.010,
in any proceedings where declaratory relief is sought, in which a judgment will
terminate the controversy or remove an uncertainty. [Amended by 2003 c.576 §303]
28.060
Discretion of court to refuse judgment. The court may refuse to render or
enter a declaratory judgment where such judgment, if rendered or entered, would
not terminate the uncertainty or controversy giving rise to the proceeding.
[Amended by 2003 c.576 §304]
28.070
Appeal or review. All orders and judgments under this chapter may be
appealed from or reviewed as other orders and judgments. [Amended by 2003 c.576
§305]
28.080
Supplemental relief. Further relief based on a declaratory judgment may be
granted whenever necessary or proper. The application thereof shall be by
petition to a court having jurisdiction to grant the relief. If the application
be deemed sufficient, the court shall, on reasonable notice, require any
adverse party whose rights have been adjudicated by the declaratory judgment to
show cause why further relief should not be granted forthwith. [Amended by 2003
c.576 §306]
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.
28.100
Costs. In any proceeding under this chapter the court may make such award
of costs as may seem equitable and just.
28.110
Parties; service on Attorney General when constitutional question involved.
When declaratory relief is sought, all persons shall be made parties who have
or claim any interest which would be affected by the declaration, and no
declaration shall prejudice the rights of persons not parties to the
proceeding. In any proceeding which involves the validity of a municipal
charter, ordinance or franchise, the municipality affected shall be made a
party, and shall be entitled to be heard, and if the constitution, statute,
charter, ordinance or franchise is alleged to be unconstitutional, the Attorney
General of the state shall also be served with a copy of the proceeding and be
entitled to be heard.
28.120
Construction and administration. This chapter is declared to be remedial.
The purpose of this chapter is to settle and to afford relief from uncertainty
and insecurity with respect to rights, status and other legal relations, and is
to be liberally construed and administered. [Amended by 2005 c.22 §18]
28.130
"Person" defined. The word "person," wherever used in
this chapter, shall be construed to mean any person, partnership, joint stock
company, unincorporated association or society, or municipal or other
corporation of any character whatsoever.
28.140
Provisions severable. The several sections and provisions of this chapter,
except ORS 28.010 and 28.020, are hereby declared independent and severable,
and the invalidity, if any, of any part or feature thereof shall not affect or
render the remainder of the chapter invalid or inoperative.
28.150
Uniformity of interpretation. This chapter shall be so interpreted and
construed as to effectuate its general purpose to make uniform the law of those
states which enact it, and to harmonize, as far as possible, with federal laws
and regulations on the subject of declaratory judgments. [Amended by 2003 c.576
§307]
28.160
Short title. This chapter may be cited as the "Uniform Declaratory
Judgments Act."
CERTIFICATION OF QUESTIONS OF LAW
28.200
Supreme Court authorized to answer questions of law certified by other courts.
The Supreme Court may answer questions of law certified to it by the Supreme
Court of the United States, a Court of Appeals of the United States, a United
States District Court, a panel of the Bankruptcy Appellate Panel Service or the
highest appellate court or the intermediate appellate court of any other state,
when requested by the certifying court if there are involved in any proceedings
before it questions of law of this state which may be determinative of the
cause then pending in the certifying court and as to which it appears to the
certifying court there is no controlling precedent in the decisions of the Supreme
Court and the intermediate appellate courts of this state. [1983 c.103 §1; 1995
c.197 §1]
Note:
28.200 to 28.255 were enacted into law by the Legislative Assembly but were not
added to or made a part of ORS chapter 28 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
28.205
Procedure to invoke ORS 28.200 to 28.255. ORS 28.200 to 28.255 may be
invoked by an order of any of the courts referred to in ORS 28.200 upon the
court's own motion or upon the motion of any party to the cause. [1983 c.103
§2]
Note:
See note under 28.200.
28.210
Certification order. A certification order shall set forth:
(1) The questions of law to be answered; and
(2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose. [1983 c.103 §3]
Note:
See note under 28.200.
28.215
Form of certification order; submission of record. The certification order
shall be prepared by the certifying court, signed by the judge presiding at the
hearing, and forwarded to the Supreme Court by the clerk of the certifying
court under its official seal. The Supreme Court may require the original or
copies of all or of any portion of the record before the certifying court to be
filed with the certification order, if, in the opinion of the Supreme Court,
the record or portion thereof may be necessary in answering the questions.
[1983 c.103 §4]
Note:
See note under 28.200.
28.220
Fees; apportionment between parties. Fees and costs shall be the same as in
civil appeals docketed before the Supreme Court and shall be equally divided
between the parties unless otherwise ordered by the certifying court in its
order of certification. [1983 c.103 §5]
Note:
See note under 28.200.
28.225
Procedure in certification matters. Proceedings in the Supreme Court shall
be those provided in rules of appellate procedure and statutes governing briefs
and arguments. [1983 c.103 §6]
Note:
See note under 28.200.
28.230
Opinion on certified question. The written opinion of the Supreme Court
stating the law governing the questions certified shall be sent by the clerk
under the seal of the Supreme Court to the certifying court and to the parties.
[1983 c.103 §7]
Note:
See note under 28.200.
28.235
Certification to another state. The Supreme Court or the Court of Appeals
of this state, on their own motion or the motion of any party, may order
certification of questions of law to the highest court of any state when it
appears to the certifying court that there are involved in any proceeding
before the court questions of law of the receiving state which may be
determinative of the cause then pending in the certifying court and it appears
to the certifying court that there are no controlling precedents in the
decisions of the highest court or intermediate appellate courts of the
receiving state. [1983 c.103 §8]
Note:
See note under 28.200.
28.240
Procedure for certification to another state. The procedures for
certification from this state to the receiving state shall be those provided in
the laws of the receiving state. [1983 c.103 §9]
Note:
See note under 28.200.
28.245
Severability. If any provision of ORS 28.200 to 28.255 or the application
thereof to any person, court, or circumstance is held invalid the invalidity
does not affect other provisions or applications of ORS 28.200 to 28.255 which
can be given effect without the invalid provision or application, and to this
end the provisions of ORS 28.200 to 28.255 are severable. [1983 c.103 §10]
Note:
See note under 28.200.
28.250
Construction. ORS 28.200 to 28.255 shall be so construed as to effectuate
its general purpose to make uniform the law of those states which enact it.
[1983 c.103 §11]
Note:
See note under 28.200.
28.255
Short title. ORS 28.200 to 28.255 may be cited as the Uniform Certification
of Questions of Law Act. [1983 c.103 §12]
Note:
See note under 28.200.
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