§ 20.220 Appeal from judgment allowing or denying attorney fees or costs

Codes > Oregon Revised Statutes > Title 2 > Chapter 20 : Appeals on > 20.220

20.220. Appeal from judgment allowing or denying attorney fees or costs

    (1) An appeal may be taken from a judgment under ORCP 68 C(4) allowing or denying attorney fees or costs and disbursements on questions of law only, as in other cases. On such appeal the statement of attorney fees or costs and disbursements, the objections thereto and the judgment rendered thereon shall constitute the trial court file, as defined in ORS 19.005.

    (2) If an appeal is taken from a judgment under ORS 19.205 before the trial court enters a judgment under ORCP 68 C(4), any necessary modification of the appeal shall be pursuant to rules of the appellate court.

    (3) When an appeal is taken from a judgment under ORS 19.205 to which an award of attorney fees or costs and disbursements relates:

        (a) If the appellate court reverses the judgment, the award of attorney fees or costs and disbursements shall be deemed reversed; or

        (b) If the appellate court modifies the judgment such that the party who was awarded attorney fees or costs and disbursements is no longer entitled to the award, the party against whom attorney fees or costs and disbursements were awarded may move for relief under ORCP 71 B(1)(e).