Oregon Statutes - Chapter 28 - Declaratory Judgments; Certification of Questions of Law

  • 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...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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]...
  • 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...
  • 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....
  • 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. _______________
  • Last modified: August 7, 2008