2017 ORS 19.225¹
Appealability of certain orders in class actions

When a circuit court judge, in making in a class action under ORCP 32 an order not otherwise appealable, is of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, the judge shall so state in writing in such order. The Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from such order to the Court of Appeals if application is made to the court within 10 days after the entry of the order. Application for such an appeal shall not stay proceedings in the circuit court unless the circuit court judge or the Court of Appeals or a judge thereof shall so order. [Formerly 19.015]

(formerly 19.015)

Notes of Decisions

An ap­peal from an order denying class ac­tion status is not ap­pealable before final judg­ment as a matter of right, but rather at the discre­tion of the appellate court exercising jurisdic­tion after the trial court has certified the order for ap­peal. Joachim v. Crater Lake Lodge, Inc., 276 Or 875, 556 P2d 1334 (1976)

Scope of appellate review is limited to answering controlling ques­tions identified by trial court. Shea v. Chicago Pneumatic Tool Co., 164 Or App 198, 990 P2d 912 (1999), Sup Ct review denied

Exercise of appellate court discre­tion under this sec­tion is guided by same principles es­tab­lished for ap­peal from interlocutory orders in federal court. Pearson v. Phillip Morris, Inc., 208 Or App 501, 145 P3d 298 (2006)

Ac­tion filed as class ac­tion is “class ac­tion under ORCP 32,” whether or not court orders pro­ceed­ing maintained as class ac­tion. Joarnt v. Autozone, Inc., 343 Or 187, 166 P3d 525 (2007)

Chapter 19

Notes of Decisions

This chapter does not apply to workers’ compensa­tion pro­ceed­ings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff’d 295 Or 448, 667 P2d 529 (1983)

1 Legislative Counsel Committee, CHAPTER 19—Appeals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors019.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 19, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano019.­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.