Departments of court
- sitting in departments or en banc
- participation in decision of matter
Source:
Section 2.570 — Departments of court; sitting in departments or en banc; participation in decision of matter, https://www.oregonlegislature.gov/bills_laws/ors/ors002.html
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Notes of Decisions
When three judges of Court of Appeals hear oral argument, all three must participate in decision, but only two judges must concur to pronounce judgment. State v. Fry Roofing Co., 263 Or 300, 502 P2d 253 (1972)
Under this section, “to transact business” includes the participation of the judge in decision-making process. State v. Fry Roofing Co., 263 Or 300, 502 P2d 253 (1972)
“Concurrence” to pronounce judgment means concurrence in result, not concurrence in theory supporting result. SAIF v. Allen, 320 Or 192, 881 P2d 773 (1994)
Procedural matter stands in contrast to disposition of appeal on merits of appeal, and order on procedural matter includes order relating to undertaking or stay. Bova v. City of Medford, 236 Or App 257, 236 P3d 760 (2010), Sup Ct review denied