Chapter §5.18 ISSUES OF STATUTORY INTERPRETATION

• Jurisdiction: Oregon

C. (§5.18) Issues of Statutory Interpretation

The applicability and operation of the rules of preservation are somewhat complicated by an appellate court's independent duty to correctly interpret statutes. See State v. Timmermann, 220 Or App 458, 464-467, 187 P3d 744 (2008) (examining conflict). That duty may require the court to consider alternative possible interpretations whether or not identified by the parties. Stull v. Hoke, 326 Or 72, 77, 948 P2d 722 (1997). Additionally, the appellate court may even rely on entirely different statutes if it finds that the statutes the parties identified are not dispositive of the issue raised. Miller v. Water Wonderland Improvement Dist., 326 Or 306, 309 n 3, 951 P2d 720 (1998) ("the parties may not prevent a court from noticing and invoking an applicable statute by relying only on other sources of law"). See generally Interpreting Oregon Law (OSB Legal Pubs 2009).

The court of appeals has specified how it will decide whether to address an appellant's argument regarding statutory interpretation that was not...