Kharma and Aljundi

Any action, suit, or proceeding may be prosecuted or defended by a party in person, or by attorney, unless otherwise specifically provided by law. ORS 9.320. Thus, in a dissolution trial, a party can forego appearing in person and may be represented by an attorney instead.

Husband appealed a general judgment of marital dissolution and a supplemental judgment for attorney fees, arguing that the trial court improperly treated him as "in default" due to his absence from court. This prevented his attorney from participating, his motion being denied, and the awarding of costs and fees to the ex-wife. According to ORS 9.320, “Any action, suit, or proceeding may be prosecuted or defended by a party in person, or by attorney, * *  * unless otherwise specifically provided by law.” Under ORS 19.205, if an appellate court reverses a judgment, any awarded attorney fees and costs are also reversed. The Court found that the trial court gravely erred in treating the husband as "in default" for not appearing personally because it incorrectly assumed his physical presence was necessary, violating ORCP 58(E). The Court reasoned that this resulted in a fundamentally unfair trial by excluding the husband's attorney from participation. The Court did not address the second assignment of error, allowing it to be raised again on remand, and reversed the third judgment since it depended on the first. The Court held that the trial court erred and reversed and remanded for further proceedings.