Chapter 28. DeclaratoryJudgments; Certification of Questions of Law
30. Actionsand Suits in Particular Cases
31. TortActions
33. SpecialProceedings and Procedures
34. Writs
35. EminentDomain; Public Acquisition of Property
36. Mediationand Arbitration
_______________
Chapter 28 — DeclaratoryJudgments; Certification of Questions of Law
2009 EDITION
DECLARATORYJUDGMENTS; QUESTIONS OF LAW
SPECIALACTIONS AND PROCEEDINGS
DECLARATORYJUDGMENTS
28.010 Powerof courts; form of declaration
28.020 Declarationsas to writings and laws
28.030 Constructionof contract before or after breach
28.040 Declaratoryjudgments on trusts or estates
28.050 Enumerationnot exclusive
28.060 Discretionof court to refuse judgment
28.070 Appealor review
28.080 Supplementalrelief
28.090 Trialof issues of fact
28.100 Costs
28.110 Parties;service on Attorney General when constitutional question involved
28.120 Constructionand administration
28.130 “Person”defined
28.140 Provisionsseverable
28.150 Uniformityof interpretation
28.160 Shorttitle
CERTIFICATIONOF QUESTIONS OF LAW
28.200 SupremeCourt authorized to answer questions of law certified by other courts
28.205 Procedureto invoke ORS 28.200 to 28.255
28.210 Certificationorder
28.215 Formof certification order; submission of record
28.220 Fees;apportionment between parties
28.225 Procedurein certification matters
28.230 Opinionon certified question
28.235 Certificationto another state
28.240 Procedurefor certification to another state
28.245 Severability
28.250 Construction
28.255 Shorttitle
DECLARATORYJUDGMENTS
28.010Power of courts; form of declaration. Courts of record within theirrespective jurisdictions shall have power to declare rights, status, and otherlegal relations, whether or not further relief is or could be claimed. Noaction or proceeding shall be open to objection on the ground that adeclaratory judgment is prayed for. The declaration may be either affirmativeor negative in form and effect, and such declarations shall have the force andeffect of a judgment. [Amended by 2003 c.576 §302]
28.020Declarations as to writings and laws. Any person interested under a deed,will, written contract or other writing constituting a contract, or whoserights, status or other legal relations are affected by a constitution,statute, municipal charter, ordinance, contract or franchise may havedetermined any question of construction or validity arising under any suchinstrument, constitution, statute, municipal charter, ordinance, contract orfranchise and obtain a declaration of rights, status or other legal relationsthereunder.
28.030Construction of contract before or after breach. A contract maybe construed either before or after there has been a breach thereof.
28.040Declaratory judgments on trusts or estates. Any person interested as orthrough an executor, administrator, trustee, guardian or other fiduciary,creditor, devisee, legatee, heir, next of kin, or cestui que trust, in theadministration of a trust, or of the estate of a decedent, ward or insolvent,may have a declaration of rights or legal relations in respect thereto:
(1)To ascertain any class of creditors, devisees, legatees, heirs, next of kin orother; or
(2)To direct the executors, administrators, trustees, guardians or conservators todo or abstain from doing any particular act in their fiduciary capacity; or
(3)To determine any question arising in the administration of the estate or trust,including questions of construction of wills and other writings. [Amended by1961 c.344 §101]
28.050Enumeration not exclusive. The enumeration in ORS 28.010 to 28.040 does notlimit or restrict the exercise of the general powers conferred in ORS 28.010,in any proceedings where declaratory relief is sought, in which a judgment willterminate the controversy or remove an uncertainty. [Amended by 2003 c.576 §303]
28.060Discretion of court to refuse judgment. The court may refuse to render or entera declaratory judgment where such judgment, if rendered or entered, would notterminate the uncertainty or controversy giving rise to the proceeding. [Amendedby 2003 c.576 §304]
28.070Appeal or review.All orders and judgments under this chapter may be appealed from or reviewed asother orders and judgments. [Amended by 2003 c.576 §305]
28.080Supplemental relief.Further relief based on a declaratory judgment may be granted whenevernecessary or proper. The application thereof shall be by petition to a courthaving jurisdiction to grant the relief. If the application be deemedsufficient, the court shall, on reasonable notice, require any adverse partywhose rights have been adjudicated by the declaratory judgment to show causewhy further relief should not be granted forthwith. [Amended by 2003 c.576 §306]
28.090Trial of issues of fact. When a proceeding under this chapter involves thedetermination of an issue of fact, such issue may be tried and determined inthe same manner as issues of fact are tried and determined in other actions atlaw or suits in equity in the court in which the proceeding is pending.
28.100Costs.In any proceeding under this chapter the court may make such award of costs asmay seem equitable and just.
28.110Parties; service on Attorney General when constitutional question involved. Whendeclaratory relief is sought, all persons shall be made parties who have orclaim any interest which would be affected by the declaration, and nodeclaration shall prejudice the rights of persons not parties to theproceeding. In any proceeding which involves the validity of a municipalcharter, ordinance or franchise, the municipality affected shall be made aparty, and shall be entitled to be heard, and if the constitution, statute,charter, ordinance or franchise is alleged to be unconstitutional, the AttorneyGeneral of the state shall also be served with a copy of the proceeding and beentitled to be heard.
28.120Construction and administration. This chapter is declared to beremedial. The purpose of this chapter is to settle and to afford relief fromuncertainty and insecurity with respect to rights, status and other legalrelations, and is to be liberally construed and administered. [Amended by 2005c.22 §18]
28.130“Person” defined.The word “person,” wherever used in this chapter, shall be construed to meanany person, partnership, joint stock company, unincorporated association orsociety, or municipal or other corporation of any character whatsoever.
28.140Provisions severable.The several sections and provisions of this chapter, except ORS 28.010 and28.020, are hereby declared independent and severable, and the invalidity, ifany, of any part or feature thereof shall not affect or render the remainder ofthe chapter invalid or inoperative.
28.150Uniformity of interpretation. This chapter shall be so interpretedand construed as to effectuate its general purpose to make uniform the law ofthose states which enact it, and to harmonize, as far as possible, with federallaws and regulations on the subject of declaratory judgments. [Amended by 2003c.576 §307]
28.160Short title.This chapter may be cited as the “Uniform Declaratory Judgments Act.”
CERTIFICATIONOF QUESTIONS OF LAW
28.200Supreme Court authorized to answer questions of law certified by other courts. The SupremeCourt may answer questions of law certified to it by the Supreme Court of theUnited States, a Court of Appeals of the United States, a United StatesDistrict Court, a panel of the Bankruptcy Appellate Panel Service or thehighest appellate court or the intermediate appellate court of any other state,when requested by the certifying court if there are involved in any proceedingsbefore it questions of law of this state which may be determinative of thecause then pending in the certifying court and as to which it appears to thecertifying court there is no controlling precedent in the decisions of theSupreme Court and the intermediate appellate courts of this state. [1983 c.103 §1;1995 c.197 §1]
Note: 28.200 to28.255 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 28 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
28.205Procedure to invoke ORS 28.200 to 28.255. ORS 28.200 to 28.255 may beinvoked by an order of any of the courts referred to in ORS 28.200 upon thecourt’s own motion or upon the motion of any party to the cause. [1983 c.103 §2]
Note: See note under28.200.
28.210Certification 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 certified and showing fullythe nature of the controversy in which the questions arose. [1983 c.103 §3]
Note: See note under28.200.
28.215Form of certification order; submission of record. Thecertification order shall be prepared by the certifying court, signed by thejudge presiding at the hearing, and forwarded to the Supreme Court by the clerkof the certifying court under its official seal. The Supreme Court may requirethe original or copies of all or of any portion of the record before thecertifying court to be filed with the certification order, if, in the opinionof the Supreme Court, the record or portion thereof may be necessary inanswering the questions. [1983 c.103 §4]
Note: See note under28.200.
28.220Fees; apportionment between parties. Fees and costs shall be the same as incivil appeals docketed before the Supreme Court and shall be equally dividedbetween the parties unless otherwise ordered by the certifying court in itsorder of certification. [1983 c.103 §5]
Note: See note under28.200.
28.225Procedure in certification matters. Proceedings in the Supreme Court shallbe those provided in rules of appellate procedure and statutes governing briefsand arguments. [1983 c.103 §6]
Note: See note under28.200.
28.230Opinion on certified question. The written opinion of the SupremeCourt stating the law governing the questions certified shall be sent by theclerk under the seal of the Supreme Court to the certifying court and to theparties. [1983 c.103 §7]
Note: See note under28.200.
28.235Certification to another state. The Supreme Court or the Court ofAppeals of this state, on their own motion or the motion of any party, mayorder certification of questions of law to the highest court of any state whenit appears to the certifying court that there are involved in any proceedingbefore the court questions of law of the receiving state which may bedeterminative of the cause then pending in the certifying court and it appearsto the certifying court that there are no controlling precedents in thedecisions of the highest court or intermediate appellate courts of thereceiving state. [1983 c.103 §8]
Note: See note under28.200.
28.240Procedure for certification to another state. The procedures for certificationfrom this state to the receiving state shall be those provided in the laws ofthe receiving state. [1983 c.103 §9]
Note: See note under28.200.
28.245Severability.If any provision of ORS 28.200 to 28.255 or the application thereof to anyperson, court, or circumstance is held invalid the invalidity does not affectother provisions or applications of ORS 28.200 to 28.255 which can be giveneffect without the invalid provision or application, and to this end theprovisions of ORS 28.200 to 28.255 are severable. [1983 c.103 §10]
Note: See note under28.200.
28.250Construction.ORS 28.200 to 28.255 shall be so construed as to effectuate its general purposeto make uniform the law of those states which enact it. [1983 c.103 §11]
Note: See note under28.200.
28.255Short title.ORS 28.200 to 28.255 may be cited as the Uniform Certification of Questions ofLaw Act. [1983 c.103 §12]
Chapter 28. DeclaratoryJudgments; Certification of Questions of Law
30. Actionsand Suits in Particular Cases
31. TortActions
33. SpecialProceedings and Procedures
34. Writs
35. EminentDomain; Public Acquisition of Property
36. Mediationand Arbitration
_______________
Chapter 28 — DeclaratoryJudgments; Certification of Questions of Law
2009 EDITION
DECLARATORYJUDGMENTS; QUESTIONS OF LAW
SPECIALACTIONS AND PROCEEDINGS
DECLARATORYJUDGMENTS
28.010 Powerof courts; form of declaration
28.020 Declarationsas to writings and laws
28.030 Constructionof contract before or after breach
28.040 Declaratoryjudgments on trusts or estates
28.050 Enumerationnot exclusive
28.060 Discretionof court to refuse judgment
28.070 Appealor review
28.080 Supplementalrelief
28.090 Trialof issues of fact
28.100 Costs
28.110 Parties;service on Attorney General when constitutional question involved
28.120 Constructionand administration
28.130 “Person”defined
28.140 Provisionsseverable
28.150 Uniformityof interpretation
28.160 Shorttitle
CERTIFICATIONOF QUESTIONS OF LAW
28.200 SupremeCourt authorized to answer questions of law certified by other courts
28.205 Procedureto invoke ORS 28.200 to 28.255
28.210 Certificationorder
28.215 Formof certification order; submission of record
28.220 Fees;apportionment between parties
28.225 Procedurein certification matters
28.230 Opinionon certified question
28.235 Certificationto another state
28.240 Procedurefor certification to another state
28.245 Severability
28.250 Construction
28.255 Shorttitle
DECLARATORYJUDGMENTS
28.010Power of courts; form of declaration. Courts of record within theirrespective jurisdictions shall have power to declare rights, status, and otherlegal relations, whether or not further relief is or could be claimed. Noaction or proceeding shall be open to objection on the ground that adeclaratory judgment is prayed for. The declaration may be either affirmativeor negative in form and effect, and such declarations shall have the force andeffect of a judgment. [Amended by 2003 c.576 §302]
28.020Declarations as to writings and laws. Any person interested under a deed,will, written contract or other writing constituting a contract, or whoserights, status or other legal relations are affected by a constitution,statute, municipal charter, ordinance, contract or franchise may havedetermined any question of construction or validity arising under any suchinstrument, constitution, statute, municipal charter, ordinance, contract orfranchise and obtain a declaration of rights, status or other legal relationsthereunder.
28.030Construction of contract before or after breach. A contract maybe construed either before or after there has been a breach thereof.
28.040Declaratory judgments on trusts or estates. Any person interested as orthrough an executor, administrator, trustee, guardian or other fiduciary,creditor, devisee, legatee, heir, next of kin, or cestui que trust, in theadministration of a trust, or of the estate of a decedent, ward or insolvent,may have a declaration of rights or legal relations in respect thereto:
(1)To ascertain any class of creditors, devisees, legatees, heirs, next of kin orother; or
(2)To direct the executors, administrators, trustees, guardians or conservators todo or abstain from doing any particular act in their fiduciary capacity; or
(3)To determine any question arising in the administration of the estate or trust,including questions of construction of wills and other writings. [Amended by1961 c.344 §101]
28.050Enumeration not exclusive. The enumeration in ORS 28.010 to 28.040 does notlimit or restrict the exercise of the general powers conferred in ORS 28.010,in any proceedings where declaratory relief is sought, in which a judgment willterminate the controversy or remove an uncertainty. [Amended by 2003 c.576 §303]
28.060Discretion of court to refuse judgment. The court may refuse to render or entera declaratory judgment where such judgment, if rendered or entered, would notterminate the uncertainty or controversy giving rise to the proceeding. [Amendedby 2003 c.576 §304]
28.070Appeal or review.All orders and judgments under this chapter may be appealed from or reviewed asother orders and judgments. [Amended by 2003 c.576 §305]
28.080Supplemental relief.Further relief based on a declaratory judgment may be granted whenevernecessary or proper. The application thereof shall be by petition to a courthaving jurisdiction to grant the relief. If the application be deemedsufficient, the court shall, on reasonable notice, require any adverse partywhose rights have been adjudicated by the declaratory judgment to show causewhy further relief should not be granted forthwith. [Amended by 2003 c.576 §306]
28.090Trial of issues of fact. When a proceeding under this chapter involves thedetermination of an issue of fact, such issue may be tried and determined inthe same manner as issues of fact are tried and determined in other actions atlaw or suits in equity in the court in which the proceeding is pending.
28.100Costs.In any proceeding under this chapter the court may make such award of costs asmay seem equitable and just.
28.110Parties; service on Attorney General when constitutional question involved. Whendeclaratory relief is sought, all persons shall be made parties who have orclaim any interest which would be affected by the declaration, and nodeclaration shall prejudice the rights of persons not parties to theproceeding. In any proceeding which involves the validity of a municipalcharter, ordinance or franchise, the municipality affected shall be made aparty, and shall be entitled to be heard, and if the constitution, statute,charter, ordinance or franchise is alleged to be unconstitutional, the AttorneyGeneral of the state shall also be served with a copy of the proceeding and beentitled to be heard.
28.120Construction and administration. This chapter is declared to beremedial. The purpose of this chapter is to settle and to afford relief fromuncertainty and insecurity with respect to rights, status and other legalrelations, and is to be liberally construed and administered. [Amended by 2005c.22 §18]
28.130“Person” defined.The word “person,” wherever used in this chapter, shall be construed to meanany person, partnership, joint stock company, unincorporated association orsociety, or municipal or other corporation of any character whatsoever.
28.140Provisions severable.The several sections and provisions of this chapter, except ORS 28.010 and28.020, are hereby declared independent and severable, and the invalidity, ifany, of any part or feature thereof shall not affect or render the remainder ofthe chapter invalid or inoperative.
28.150Uniformity of interpretation. This chapter shall be so interpretedand construed as to effectuate its general purpose to make uniform the law ofthose states which enact it, and to harmonize, as far as possible, with federallaws and regulations on the subject of declaratory judgments. [Amended by 2003c.576 §307]
28.160Short title.This chapter may be cited as the “Uniform Declaratory Judgments Act.”
CERTIFICATIONOF QUESTIONS OF LAW
28.200Supreme Court authorized to answer questions of law certified by other courts. The SupremeCourt may answer questions of law certified to it by the Supreme Court of theUnited States, a Court of Appeals of the United States, a United StatesDistrict Court, a panel of the Bankruptcy Appellate Panel Service or thehighest appellate court or the intermediate appellate court of any other state,when requested by the certifying court if there are involved in any proceedingsbefore it questions of law of this state which may be determinative of thecause then pending in the certifying court and as to which it appears to thecertifying court there is no controlling precedent in the decisions of theSupreme Court and the intermediate appellate courts of this state. [1983 c.103 §1;1995 c.197 §1]
Note: 28.200 to28.255 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 28 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
28.205Procedure to invoke ORS 28.200 to 28.255. ORS 28.200 to 28.255 may beinvoked by an order of any of the courts referred to in ORS 28.200 upon thecourt’s own motion or upon the motion of any party to the cause. [1983 c.103 §2]
Note: See note under28.200.
28.210Certification 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 certified and showing fullythe nature of the controversy in which the questions arose. [1983 c.103 §3]
Note: See note under28.200.
28.215Form of certification order; submission of record. Thecertification order shall be prepared by the certifying court, signed by thejudge presiding at the hearing, and forwarded to the Supreme Court by the clerkof the certifying court under its official seal. The Supreme Court may requirethe original or copies of all or of any portion of the record before thecertifying court to be filed with the certification order, if, in the opinionof the Supreme Court, the record or portion thereof may be necessary inanswering the questions. [1983 c.103 §4]
Note: See note under28.200.
28.220Fees; apportionment between parties. Fees and costs shall be the same as incivil appeals docketed before the Supreme Court and shall be equally dividedbetween the parties unless otherwise ordered by the certifying court in itsorder of certification. [1983 c.103 §5]
Note: See note under28.200.
28.225Procedure in certification matters. Proceedings in the Supreme Court shallbe those provided in rules of appellate procedure and statutes governing briefsand arguments. [1983 c.103 §6]
Note: See note under28.200.
28.230Opinion on certified question. The written opinion of the SupremeCourt stating the law governing the questions certified shall be sent by theclerk under the seal of the Supreme Court to the certifying court and to theparties. [1983 c.103 §7]
Note: See note under28.200.
28.235Certification to another state. The Supreme Court or the Court ofAppeals of this state, on their own motion or the motion of any party, mayorder certification of questions of law to the highest court of any state whenit appears to the certifying court that there are involved in any proceedingbefore the court questions of law of the receiving state which may bedeterminative of the cause then pending in the certifying court and it appearsto the certifying court that there are no controlling precedents in thedecisions of the highest court or intermediate appellate courts of thereceiving state. [1983 c.103 §8]
Note: See note under28.200.
28.240Procedure for certification to another state. The procedures for certificationfrom this state to the receiving state shall be those provided in the laws ofthe receiving state. [1983 c.103 §9]
Note: See note under28.200.
28.245Severability.If any provision of ORS 28.200 to 28.255 or the application thereof to anyperson, court, or circumstance is held invalid the invalidity does not affectother provisions or applications of ORS 28.200 to 28.255 which can be giveneffect without the invalid provision or application, and to this end theprovisions of ORS 28.200 to 28.255 are severable. [1983 c.103 §10]
Note: See note under28.200.
28.250Construction.ORS 28.200 to 28.255 shall be so construed as to effectuate its general purposeto make uniform the law of those states which enact it. [1983 c.103 §11]
Note: See note under28.200.
28.255Short title.ORS 28.200 to 28.255 may be cited as the Uniform Certification of Questions ofLaw Act. [1983 c.103 §12]
Chapter 28. DeclaratoryJudgments; Certification of Questions of Law
30. Actionsand Suits in Particular Cases
31. TortActions
33. SpecialProceedings and Procedures
34. Writs
35. EminentDomain; Public Acquisition of Property
36. Mediationand Arbitration
_______________
Chapter 28 — DeclaratoryJudgments; Certification of Questions of Law
2009 EDITION
DECLARATORYJUDGMENTS; QUESTIONS OF LAW
SPECIALACTIONS AND PROCEEDINGS
DECLARATORYJUDGMENTS
28.010 Powerof courts; form of declaration
28.020 Declarationsas to writings and laws
28.030 Constructionof contract before or after breach
28.040 Declaratoryjudgments on trusts or estates
28.050 Enumerationnot exclusive
28.060 Discretionof court to refuse judgment
28.070 Appealor review
28.080 Supplementalrelief
28.090 Trialof issues of fact
28.100 Costs
28.110 Parties;service on Attorney General when constitutional question involved
28.120 Constructionand administration
28.130 “Person”defined
28.140 Provisionsseverable
28.150 Uniformityof interpretation
28.160 Shorttitle
CERTIFICATIONOF QUESTIONS OF LAW
28.200 SupremeCourt authorized to answer questions of law certified by other courts
28.205 Procedureto invoke ORS 28.200 to 28.255
28.210 Certificationorder
28.215 Formof certification order; submission of record
28.220 Fees;apportionment between parties
28.225 Procedurein certification matters
28.230 Opinionon certified question
28.235 Certificationto another state
28.240 Procedurefor certification to another state
28.245 Severability
28.250 Construction
28.255 Shorttitle
DECLARATORYJUDGMENTS
28.010Power of courts; form of declaration. Courts of record within theirrespective jurisdictions shall have power to declare rights, status, and otherlegal relations, whether or not further relief is or could be claimed. Noaction or proceeding shall be open to objection on the ground that adeclaratory judgment is prayed for. The declaration may be either affirmativeor negative in form and effect, and such declarations shall have the force andeffect of a judgment. [Amended by 2003 c.576 §302]
28.020Declarations as to writings and laws. Any person interested under a deed,will, written contract or other writing constituting a contract, or whoserights, status or other legal relations are affected by a constitution,statute, municipal charter, ordinance, contract or franchise may havedetermined any question of construction or validity arising under any suchinstrument, constitution, statute, municipal charter, ordinance, contract orfranchise and obtain a declaration of rights, status or other legal relationsthereunder.
28.030Construction of contract before or after breach. A contract maybe construed either before or after there has been a breach thereof.
28.040Declaratory judgments on trusts or estates. Any person interested as orthrough an executor, administrator, trustee, guardian or other fiduciary,creditor, devisee, legatee, heir, next of kin, or cestui que trust, in theadministration of a trust, or of the estate of a decedent, ward or insolvent,may have a declaration of rights or legal relations in respect thereto:
(1)To ascertain any class of creditors, devisees, legatees, heirs, next of kin orother; or
(2)To direct the executors, administrators, trustees, guardians or conservators todo or abstain from doing any particular act in their fiduciary capacity; or
(3)To determine any question arising in the administration of the estate or trust,including questions of construction of wills and other writings. [Amended by1961 c.344 §101]
28.050Enumeration not exclusive. The enumeration in ORS 28.010 to 28.040 does notlimit or restrict the exercise of the general powers conferred in ORS 28.010,in any proceedings where declaratory relief is sought, in which a judgment willterminate the controversy or remove an uncertainty. [Amended by 2003 c.576 §303]
28.060Discretion of court to refuse judgment. The court may refuse to render or entera declaratory judgment where such judgment, if rendered or entered, would notterminate the uncertainty or controversy giving rise to the proceeding. [Amendedby 2003 c.576 §304]
28.070Appeal or review.All orders and judgments under this chapter may be appealed from or reviewed asother orders and judgments. [Amended by 2003 c.576 §305]
28.080Supplemental relief.Further relief based on a declaratory judgment may be granted whenevernecessary or proper. The application thereof shall be by petition to a courthaving jurisdiction to grant the relief. If the application be deemedsufficient, the court shall, on reasonable notice, require any adverse partywhose rights have been adjudicated by the declaratory judgment to show causewhy further relief should not be granted forthwith. [Amended by 2003 c.576 §306]
28.090Trial of issues of fact. When a proceeding under this chapter involves thedetermination of an issue of fact, such issue may be tried and determined inthe same manner as issues of fact are tried and determined in other actions atlaw or suits in equity in the court in which the proceeding is pending.
28.100Costs.In any proceeding under this chapter the court may make such award of costs asmay seem equitable and just.
28.110Parties; service on Attorney General when constitutional question involved. Whendeclaratory relief is sought, all persons shall be made parties who have orclaim any interest which would be affected by the declaration, and nodeclaration shall prejudice the rights of persons not parties to theproceeding. In any proceeding which involves the validity of a municipalcharter, ordinance or franchise, the municipality affected shall be made aparty, and shall be entitled to be heard, and if the constitution, statute,charter, ordinance or franchise is alleged to be unconstitutional, the AttorneyGeneral of the state shall also be served with a copy of the proceeding and beentitled to be heard.
28.120Construction and administration. This chapter is declared to beremedial. The purpose of this chapter is to settle and to afford relief fromuncertainty and insecurity with respect to rights, status and other legalrelations, and is to be liberally construed and administered. [Amended by 2005c.22 §18]
28.130“Person” defined.The word “person,” wherever used in this chapter, shall be construed to meanany person, partnership, joint stock company, unincorporated association orsociety, or municipal or other corporation of any character whatsoever.
28.140Provisions severable.The several sections and provisions of this chapter, except ORS 28.010 and28.020, are hereby declared independent and severable, and the invalidity, ifany, of any part or feature thereof shall not affect or render the remainder ofthe chapter invalid or inoperative.
28.150Uniformity of interpretation. This chapter shall be so interpretedand construed as to effectuate its general purpose to make uniform the law ofthose states which enact it, and to harmonize, as far as possible, with federallaws and regulations on the subject of declaratory judgments. [Amended by 2003c.576 §307]
28.160Short title.This chapter may be cited as the “Uniform Declaratory Judgments Act.”
CERTIFICATIONOF QUESTIONS OF LAW
28.200Supreme Court authorized to answer questions of law certified by other courts. The SupremeCourt may answer questions of law certified to it by the Supreme Court of theUnited States, a Court of Appeals of the United States, a United StatesDistrict Court, a panel of the Bankruptcy Appellate Panel Service or thehighest appellate court or the intermediate appellate court of any other state,when requested by the certifying court if there are involved in any proceedingsbefore it questions of law of this state which may be determinative of thecause then pending in the certifying court and as to which it appears to thecertifying court there is no controlling precedent in the decisions of theSupreme Court and the intermediate appellate courts of this state. [1983 c.103 §1;1995 c.197 §1]
Note: 28.200 to28.255 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 28 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
28.205Procedure to invoke ORS 28.200 to 28.255. ORS 28.200 to 28.255 may beinvoked by an order of any of the courts referred to in ORS 28.200 upon thecourt’s own motion or upon the motion of any party to the cause. [1983 c.103 §2]
Note: See note under28.200.
28.210Certification 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 certified and showing fullythe nature of the controversy in which the questions arose. [1983 c.103 §3]
Note: See note under28.200.
28.215Form of certification order; submission of record. Thecertification order shall be prepared by the certifying court, signed by thejudge presiding at the hearing, and forwarded to the Supreme Court by the clerkof the certifying court under its official seal. The Supreme Court may requirethe original or copies of all or of any portion of the record before thecertifying court to be filed with the certification order, if, in the opinionof the Supreme Court, the record or portion thereof may be necessary inanswering the questions. [1983 c.103 §4]
Note: See note under28.200.
28.220Fees; apportionment between parties. Fees and costs shall be the same as incivil appeals docketed before the Supreme Court and shall be equally dividedbetween the parties unless otherwise ordered by the certifying court in itsorder of certification. [1983 c.103 §5]
Note: See note under28.200.
28.225Procedure in certification matters. Proceedings in the Supreme Court shallbe those provided in rules of appellate procedure and statutes governing briefsand arguments. [1983 c.103 §6]
Note: See note under28.200.
28.230Opinion on certified question. The written opinion of the SupremeCourt stating the law governing the questions certified shall be sent by theclerk under the seal of the Supreme Court to the certifying court and to theparties. [1983 c.103 §7]
Note: See note under28.200.
28.235Certification to another state. The Supreme Court or the Court ofAppeals of this state, on their own motion or the motion of any party, mayorder certification of questions of law to the highest court of any state whenit appears to the certifying court that there are involved in any proceedingbefore the court questions of law of the receiving state which may bedeterminative of the cause then pending in the certifying court and it appearsto the certifying court that there are no controlling precedents in thedecisions of the highest court or intermediate appellate courts of thereceiving state. [1983 c.103 §8]
Note: See note under28.200.
28.240Procedure for certification to another state. The procedures for certificationfrom this state to the receiving state shall be those provided in the laws ofthe receiving state. [1983 c.103 §9]
Note: See note under28.200.
28.245Severability.If any provision of ORS 28.200 to 28.255 or the application thereof to anyperson, court, or circumstance is held invalid the invalidity does not affectother provisions or applications of ORS 28.200 to 28.255 which can be giveneffect without the invalid provision or application, and to this end theprovisions of ORS 28.200 to 28.255 are severable. [1983 c.103 §10]
Note: See note under28.200.
28.250Construction.ORS 28.200 to 28.255 shall be so construed as to effectuate its general purposeto make uniform the law of those states which enact it. [1983 c.103 §11]
Note: See note under28.200.
28.255Short title.ORS 28.200 to 28.255 may be cited as the Uniform Certification of Questions ofLaw Act. [1983 c.103 §12]
