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USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 28 Declaratory Judgments; Certification of Questions of Law
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Courts of record
within their respective jurisdictions shall have power to declare rights,
status, and other legal relations, whether or not further relief is or
could be claimed. No action or proceeding shall be open to objection on
the ground that a declaratory judgment is prayed for. The declaration may
be either affirmative or negative in form and effect, and such
declarations shall have the force and effect of a judgment. [Amended by
2003 c.576 §302] Any person interested
under a deed, will, written contract or other writing constituting a
contract, or whose rights, status or other legal relations are affected
by a constitution, statute, municipal charter, ordinance, contract or
franchise may have determined any question of construction or validity
arising under any such instrument, constitution, statute, municipal
charter, ordinance, contract or franchise and obtain a declaration of
rights, status or other legal relations thereunder. A contract
may be construed either before or after there has been a breach thereof. Any person
interested as or through an executor, administrator, trustee, guardian or
other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui
que trust, in the administration 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 or other; or
(2) To direct the executors, administrators, trustees, guardians or
conservators to do 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 by 1961 c.344 §101]The enumeration in ORS 28.010 to
28.040 does not limit 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 will terminate the controversy or remove an
uncertainty. [Amended by 2003 c.576 §303] The court may refuse
to render or enter a declaratory judgment where such judgment, if
rendered or entered, would not terminate the uncertainty or controversy
giving rise to the proceeding. [Amended by 2003 c.576 §304] All orders and judgments under this
chapter may be appealed from or reviewed as other orders and judgments.
[Amended by 2003 c.576 §305] Further relief based on a declaratory
judgment may be granted whenever necessary or proper. The application
thereof shall be by petition to a court having jurisdiction to grant the
relief. If the application be deemed sufficient, the court shall, on
reasonable notice, require any adverse party whose rights have been
adjudicated by the declaratory judgment to show cause why further relief
should not be granted forthwith. [Amended by 2003 c.576 §306] When a proceeding under this
chapter involves the determination of an issue of fact, such issue may be
tried and determined in the same manner as issues of fact are tried and
determined in other actions at law or suits in equity in the court in
which the proceeding is pending. In any proceeding under this chapter the court may
make such award of costs as may seem equitable and just.When declaratory relief is sought, all persons shall
be made parties who have or claim any interest which would be affected by
the declaration, and no declaration shall prejudice the rights of persons
not parties to the proceeding. In any proceeding which involves the
validity of a municipal charter, ordinance or franchise, the municipality
affected shall be made a party, and shall be entitled to be heard, and if
the constitution, statute, charter, ordinance or franchise is alleged to
be unconstitutional, the Attorney General of the state shall also be
served with a copy of the proceeding and be entitled to be heard. This chapter is declared to
be remedial. The purpose of this chapter is to settle and to afford
relief from uncertainty and insecurity with respect to rights, status and
other legal relations, and is to be liberally construed and administered.
[Amended by 2005 c.22 §18] The word "person," wherever used in this
chapter, shall be construed to mean any person, partnership, joint stock
company, unincorporated association or society, or municipal or other
corporation of any character whatsoever. The several sections and provisions of
this chapter, except ORS 28.010 and 28.020, are hereby declared
independent and severable, and the invalidity, if any, of any part or
feature thereof shall not affect or render the remainder of the chapter
invalid or inoperative. This chapter shall be so
interpreted and construed as to effectuate its general purpose to make
uniform the law of those states which enact it, and to harmonize, as far
as possible, with federal laws and regulations on the subject of
declaratory judgments. [Amended by 2003 c.576 §307] This chapter may be cited as the "Uniform
Declaratory Judgments Act."CERTIFICATION OF QUESTIONS OF LAWThe Supreme Court may answer questions of law
certified to it by the Supreme Court of the United States, a Court of
Appeals of the United States, a United States District Court, a panel of
the Bankruptcy Appellate Panel Service or the highest appellate court or
the intermediate appellate court of any other state, when requested by
the certifying court if there are involved in any proceedings before it
questions of law of this state which may be determinative of the cause
then pending in the certifying court and as to which it appears to the
certifying court there is no controlling precedent in the decisions of
the Supreme Court and the intermediate appellate courts of this state.
[1983 c.103 §1; 1995 c.197 §1]Note: 28.200 to 28.255 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 28 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. 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 fully the nature of the controversy in which the questions
arose. [1983 c.103 §3]Note: See note under 28.200. The
certification order shall be prepared by the certifying court, signed by
the judge presiding at the hearing, and forwarded to the Supreme Court by
the clerk of the certifying court under its official seal. The Supreme
Court may require the original or copies of all or of any portion of the
record before the certifying court to be filed with the certification
order, if, in the opinion of the Supreme Court, the record or portion
thereof may be necessary in answering the questions. [1983 c.103 §4]Note: See note under 28.200. Fees and costs shall be
the same as in civil appeals docketed before the Supreme Court and shall
be equally divided between the parties unless otherwise ordered by the
certifying court in its order of certification. [1983 c.103 §5]Note: See note under 28.200. Proceedings in the
Supreme Court shall be those provided in rules of appellate procedure and
statutes governing briefs and arguments. [1983 c.103 §6]Note: See note under 28.200. The written opinion of the
Supreme Court stating the law governing the questions certified shall be
sent by the clerk under the seal of the Supreme Court to the certifying
court and to the parties. [1983 c.103 §7]Note: See note under 28.200. The Supreme Court or the
Court of Appeals of this state, on their own motion or the motion of any
party, may order certification of questions of law to the highest court
of any state when it appears to the certifying court that there are
involved in any proceeding before the court questions of law of the
receiving state which may be determinative of the cause then pending in
the certifying court and it appears to the certifying court that there
are no controlling precedents in the decisions of the highest court or
intermediate appellate courts of the receiving state. [1983 c.103 §8]Note: See note under 28.200. The procedures
for certification from this state to the receiving state shall be those
provided in the laws of the receiving state. [1983 c.103 §9]Note: See note under 28.200.If any provision of ORS 28.200 to 28.255 or
the application thereof to any person, court, or circumstance is held
invalid the invalidity does not affect other provisions or applications
of ORS 28.200 to 28.255 which can be given effect without the invalid
provision or application, and to this end the provisions of ORS 28.200 to
28.255 are severable. [1983 c.103 §10]Note: See note under 28.200.ORS 28.200 to 28.255 shall be so construed as
to effectuate its general purpose to make uniform the law of those states
which enact it. [1983 c.103 §11]Note: See note under 28.200.ORS 28.200 to 28.255 may be cited as the
Uniform Certification of Questions of Law Act. [1983 c.103 §12]Note: See note under 28.200.
_______________
30.010 Who may maintain action for injury or death of child. (1) A
parent having custody of a child of the parent may maintain an action for
the injury of the child.
(2) A parent may recover damages for the death of a child of the
parent only under ORS 30.020. [Amended by 1961 c.344 §102; 1973 c.718 §1;
2003 c.14 §16]
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