2007 Oregon Code - Chapter 28 :: TITLE 3
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
2007 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 courts 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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