What can you appeal in Oregon?
You just got a bad ruling. Time to appeal, right?
Not necessarily. In Oregon (and many other jurisdictions), you can’t just appeal every bad ruling immediately. Appeals are normally reserved for “judgments.” If the ruling is just a normal interlocutory order—say, on a motion to compel—you can’t immediately appeal.
Here’s some high-level guidance for appellate avenues.
1. General / supplemental judgments.
The most straightforward way to take an appeal is from a general judgment that disposes of all claims as to all parties. For example, if a court dismisses all the claims in a complaint on a motion to dismiss, and then enters a general judgment, that provides a clear avenue for an appeal.
Supplemental judgments—like one awarding attorney fees—are also appealable.
2. Limited judgments.
Another path to appeal is a limited judgment under ORCP 67 B. Under this rule, the court may enter a limited judgment as to one or more claims or parties if it determines “there is no just reason for delay.” That allows an immediate appeal.
Sometimes a limited judgment is required. For example, an order denying an anti-SLAPP motion must be accompanied by a limited judgment, making it immediately appealable. ORS 31.150(1).
3. Orders affecting substantial rights.
Parties may also appeal from certain orders that affect a substantial right. This is Oregon’s analogue to the federal collateral order doctrine, though it is narrower in scope.
Such an order may arise either before or after a general judgment. Before, the order must effectively determine the action so as to prevent judgment. ORS 19.205(2). For example, an order denying a motion to intervene effectively ends the action for the would-be intervenor and is immediately appealable.
After a general judgment, a substantial order—like one granting a new trial—is immediately appealable.
4. Statutorily appealable orders.
Some orders are immediately appealable by specific statute. Two important categories are:
Orders denying a petition to compel arbitration or granting a petition to stay arbitration are immediately appealable. ORS 36.730.
A class certification order may be immediately appealable if the judge makes a finding that the certification involves a question of law as to which there is substantial ground for difference of opinion. ORS 19.225.
Notably, Oregon differs from federal courts in that preliminary injunctions are not immediately appealable by statute. So you won’t see the kind of “shadow docket” or “emergency docket” activity in Oregon that’s common at the U.S. Supreme Court right now.
5. Mandamus.
If a trial court commits a clear error of law and a normal appeal would not provide a plain, speedy, and adequate remedy, mandamus may be an option. ORS 34.110. For example, the Oregon Supreme Court has issued writs of mandamus to prevent disclosure of privileged testimony.
Mandamus petitions are rarely granted, but when used properly, they can be an effective way to quickly correct a serious error.
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To sum up: if you receive a bad ruling and want to appeal, be sure you have a proper avenue to do so. The last thing you want is to file a notice of appeal only to learn that the appellate court lacks jurisdiction.