Klutschkowski v. PeaceHealth, 245 OrApp 524 (2011)

Holding:   Even though one subsection of the statute seems to allow a fee award for preparation of daily transcript fees, the other subsections confine such fees to transcripts prepared for an appeal. Confining all subsections to transcripts prepared for appeal is confirmed by looking at the evolution of the statute “over the last 30 years.”

1)   When construing a statute “we are guided by the principles of interpretation” set out in PGE v. BOLI “as amplified” in State v. Gaines. at p. 549.

2)   “‘In general terms, (when construing a statute) ‘we attempt to determine the meaning of the statute most likely intended by the legislature, examining the text in context along with any legislative history offered by the parties and, if necessary, relevant canons of construction.’ (cite omitted).” at p. 549.

3)   Part of a statute’s context is changes in the statute over time. at p. 549.

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