2017 ORS 19.245¹
Who may appeal
  • appeal of default judgments and judgments taken by confession
  • appeal of stipulated judgments

(1) Except as provided in subsections (2) and (3) of this section, any party to a judgment may appeal from the judgment.

(2) A party to a judgment given by confession or for want of an answer may not appeal from the judgment except as follows:

(a) A plaintiff, third party plaintiff or a party who pleaded a cross-claim or counterclaim may appeal from the judgment if the judgment is not in accord with the relief demanded in the complaint.

(b) A defendant may appeal from the judgment if the trial court has entered a default judgment against the defendant as a sanction or has denied a motion to set aside a default order or judgment.

(c) A defendant may appeal from the judgment if it is void.

(3) A party to a stipulated judgment may appeal from the judgment only if:

(a) The judgment specifically provides that the party has reserved the right to appellate review of a ruling of the trial court in the cause; and

(b) The appeal presents a justiciable controversy. [Formerly 19.020; 1999 c.367 §1; 2001 c.541 §1]

(formerly 19.020)

Notes of Decisions

Where nothing in record or claims made by purported appellant identified any interest in or rela­tionship to domestic rela­tions case, ap­peal dismissed because it was brought by nonparty. Davis and Davis, 97 Or App 594, 776 P2d 877 (1989)

“Judg­ment . . . by confession” means judg­ment entered pursuant to voluntary act or agree­ment of one party. Russell v. Sheahan, 324 Or 445, 927 P2d 591 (1996)

Person stipulating to judg­ment loses status as “party to judg­ment” and waives ability to ap­peal stipulated judg­ment. Russell v. Sheahan, 324 Or 445, 927 P2d 591 (1996); Jensen and Jensen, 169 Or App 19, 7 P3d 691 (2000). But see Brown and Shiban, 155 Or App 238, 963 P2d 105 (1998), Sup Ct review denied

Default judg­ment under ORCP 69A is judg­ment “for want of answer.” Gibbons and Gibbons, 153 Or App 377, 956 P2d 1069 (1998), on reconsidera­tion 155 Or App 262, 964 P2d 1050 (1998)

Stipulated judg­ment is not made ap­pealable by judg­ment pro­vi­sion that at­tempts to reserve party’s right of ap­peal. Rauda v. Oregon Roses, Inc., 329 Or 265, 986 P2d 1157 (1999)

Prohibi­tion against ap­peal from judg­ment entered for want of answer applies to ap­peal from final disposi­tion of peti­tion terminating parental rights. State ex rel Juvenile Dept. v. Jenkins, 209 Or App 637, 149 P3d 324 (2006), Sup Ct review denied

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.