2017 ORS 18.782¹

Witnesses, including the debtor and garnishee, may be required to appear and testify at a hearing held pursuant to an order issued under ORS 18.778 (Order to appear). The proceedings against a garnishee shall be tried by the court as upon the trial of an issue of law between a plaintiff and defendant. [2001 c.249 §54]

Notes of Decisions

Judge, not jury, is responsible for determining all issues of fact and law in contested garnish­ment hearing under this sec­tion, but where this sec­tion forces parties to litigate factual ques­tions underlying insurance-coverage dispute to judge, not jury, this sec­tion is unconstitu­tional under Article I, sec­tion 17, Oregon Constitu­tion, because it abrogates parties’ procedural right to jury trial for insurance-coverage dispute. Hunters Ridge Condo. Associa­tion v. Sherwood Crossing, 285 Or App 416, 395 P3d 892 (2017)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court’s concluding decision or decisions, and if terms are set forth in docu­ment properly titled as judg­ment, then judg­ment docu­ment contains judg­ment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)

1 Legislative Counsel Committee, CHAPTER 18—Judgments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors018.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano018.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.