US Laws, Codes, Statutes & Cases

Chapter 19 — Appeals

 

2007 EDITION

 

APPEALS

 

PROCEDURE IN CIVIL PROCEEDINGS

 

GENERAL PROVISIONS

 

19.005       Definitions

 

APPEALABLE JUDGMENTS

 

(Generally)

 

19.205       Appealable judgments and orders

 

(Class Actions)

 

19.215       Determining amount in controversy in class action for purposes of appeal

 

19.225       Appealability of certain orders in class actions

 

(Determining Whether Judgment Appealable)

 

19.235       Jurisdiction for determining whether decision is appealable

 

COMMENCING AN APPEAL

 

(Generally)

 

19.240       How appeal to Court of Appeals taken

 

19.245       Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments

 

(Notice of Appeal)

 

19.250       Contents of notice of appeal

 

19.255       Time for service and filing of notice of appeal

 

19.260       Filing by mail

 

19.265       Payment of filing fee

 

(Jurisdiction of Appellate Court and Trial Court)

 

19.270       Appellate jurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction to enter appealable judgment

 

19.275       Continuing jurisdiction of trial court in certain domestic relations cases

 

UNDERTAKINGS ON APPEAL AND STAYS OF JUDGMENT

 

(Undertakings)

 

19.300       Undertakings on appeal generally; filing and service

 

19.305       Qualifications of sureties; objections

 

19.310       Waiver, reduction or limitation of undertaking

 

19.312       Supersedeas undertaking in certain actions against tobacco product manufacturer

 

(Letter of Credit in Support of Undertaking)

 

19.315       Requirements for use of letter of credit

 

19.320       Expiration and renewal of letter of credit

 

19.325       Payment on letter of credit

 

(Stays)

 

19.330       Stays generally

 

19.335       Stay by filing of supersedeas undertaking

 

19.340       Waiver of supersedeas undertaking; sale of perishables

 

19.345       Enforcement of judgment in contract action notwithstanding appeal

 

19.350       Discretionary stay by court

 

19.355       Stay of domestic relations judgment

 

(Appellate Review of Trial Court Orders Relating to Undertakings and Stays)

 

19.360       Appellate review of trial court orders relating to undertakings and stays

 

RECORD ON APPEAL

 

19.365       Preparation and transmission of record generally

 

19.370       Certification of transcript; effect of referral to appellate mediation; correction of errors; settlement order

 

19.375       Cost of transcript

 

19.380       Agreed narrative statement

 

19.385       Audio records

 

19.390       Bill of exceptions not required

 

19.395       Time extensions for preparation of record

 

HEARINGS ON APPEALS

 

19.400       Where appeals heard

 

DISPOSITION OF APPEALS

 

(Certification of Appeal to Supreme Court)

 

19.405       Certification of appeal to Supreme Court

 

(Stipulated Dismissals and Settlements)

 

19.410       Stipulated dismissals; settlement; effect of settlement on pending appeal

 

(Disposition on Merits)

 

19.415       Scope of appellate review

 

19.420       Action by appellate court on appeal; review of order granting new trial or judgment notwithstanding verdict; reversal upon loss or destruction of reporter’s notes or audio records

 

19.425       Review of intermediate orders; directing restitution

 

19.430       Review of trial court order granting a new trial on court’s own initiative

 

19.435       Memorandum decisions

 

(Attorney Fees and Penalties)

 

19.440       Award of attorney fees authorized by statute

 

19.445       Damages upon affirmance of judgment

 

(Appellate Judgment)

 

19.450       Appellate judgment; when effective; effect of entry in trial court register; effect on judgment lien

 

MISCELLANEOUS

 

19.500       Service of documents under provisions of chapter

 

19.510       Powers of successor trial judge with respect to appeals

 

GENERAL PROVISIONS

 

      19.005 Definitions. As used in this chapter:

      (1) “Exhibits” means exhibits offered and received or rejected in the trial court.

      (2) “Judgment” means a judgment or appealable order, as provided in ORS 19.205.

      (3) “Notice of appeal” includes a notice of cross-appeal.

      (4) “Record” or “record of the case” means the trial court file and any transcript, narrative statement and exhibits.

      (5) “Supersedeas undertaking” means an undertaking on appeal that secures performance of a judgment being appealed and operates to stay enforcement of the judgment pending appeal.

      (6) “Transcript” means the transcript of the court reporter’s report as provided in ORS 8.340, 8.350 and 8.360 and any transcript of an audio record prepared under ORS 19.370.

      (7) “Trial court file” means all the original papers filed in the trial court whether before or after judgment, including but not limited to the summons and proof of service thereof, pleadings, motions, affidavits, depositions, stipulations, orders, jury instructions, the judgment, the notice of appeal and the undertaking on appeal.

      (8) “Undertaking for costs” means an undertaking on appeal that secures payment of costs and disbursements that may be awarded against an appellant on appeal, and any amounts that may be awarded to the respondent under the provisions of ORS 19.445.

      (9) “Undertaking on appeal” means a promise secured by sureties or by money, bond or any other security described in ORS 22.020. “Undertaking on appeal” includes undertakings for costs and supersedeas undertakings. [1959 c.558 §2; 1985 c.734 §2; 1997 c.71 §12; 1997 c.389 §23; 1997 c.801 §124; 1999 c.59 §9; 1999 c.367 §5; 2003 c.576 §280]

 

      19.010 [Amended by 1973 c.197 §1; 1977 c.208 §4; 1979 c.562 §3; 1981 c.898 §18; 1997 c.389 §24; renumbered 19.205 in 1997]

 

      19.013 [Formerly 13.410; renumbered 19.215 in 1997]

 

      19.015 [Formerly 13.400; renumbered 19.225 in 1997]

 

      19.020 [Renumbered 19.245 in 1997]

     

      19.023 [Formerly 19.030; 1969 c.198 §37; 1973 c.207 §3; 1981 c.177 §1; 1997 c.389 §5; renumbered 19.240 in 1997]

 

      19.026 [1959 c.558 §4; 1973 c.207 §4; 1979 c.284 §55; 1987 c.852 §5; renumbered 19.255 in 1997]

 

      19.028 [1979 c.297 §1; 1985 c.734 §3; 1987 c.852 §6; 1989 c.768 §12; 1997 c.389 §6; renumbered 19.260 in 1997]

 

      19.029 [1959 c.558 §5; 1971 c.565 §6; 1973 c.207 §5; 1983 c.621 §1; 1985 c.734 §4; renumbered 19.250 in 1997]

 

      19.030 [Amended by 1959 c.558 §3; renumbered 19.023]

 

      19.033 [1959 c.558 §6; 1969 c.198 §38; 1971 c.565 §7; 1983 c.673 §22; 1983 c.740 §4; 1985 c.734 §5; 1989 c.195 §1; 1995 c.800 §11; 1997 c.71 §14; 1997 c.389 §20; 1997 c.801 §90; renumbered 19.270 in 1997]

 

      19.034 [1987 c.712 §2; renumbered 19.235 in 1997]

 

      19.035 [1959 c.558 §7; 1963 c.27 §1; 1969 c.198 §39; 1971 c.193 §19; 1983 c.774 §6; renumbered 19.265 in 1997]

 

      19.038 [1959 c.558 §8; 1981 c.483 §1; 1983 c.673 §23; 1985 c.734 §6; 1991 c.331 §3; 1995 c.79 §7; repealed by 1997 c.71 §20]

 

      19.040 [Amended by 1977 c.416 §6; 1981 c.483 §2; 1985 c.734 §7; 1991 c.331 §4; repealed by 1997 c.71 §20]

 

      19.045 [1959 c.558 §9; 1977 c.416 §1; 1985 c.734 §8; repealed by 1997 c.71 §20]

 

      19.050 [Amended by 1983 c.763 §60; 1987 c.852 §7; repealed by 1997 c.71 §20]

 

      19.060 [Amended by 1997 c.71 §15; renumbered 19.345 in 1997]

 

      19.065 [1959 c.558 §10; 1969 c.198 §40; 1997 c.389 §21; 1997 c.801 §124a; renumbered 19.365 in 1997]

 

      19.069 [1971 c.565 §10; 1997 c.801 §125; renumbered 19.385 in 1997]

 

      19.070 [Repealed by 1959 c.558 §51]

 

      19.074 [1959 c.558 §11; 1969 c.198 §41; 1971 c.193 §20; 1971 c.565 §8; repealed by 1997 c.389 §22]

 

      19.078 [1959 c.558 §12; 1971 c.193 §21; 1971 c.565 §11; 1981 c.51 §1; 1989 c.1053 §9; 1995 c.273 §7; 1997 c.801 §126; renumbered 19.370 in 1997]

 

      19.080 [Amended by 1959 c.558 §18; renumbered 19.118]

 

      19.084 [1959 c.558 §13; 1985 c.565 §2a; renumbered 19.375 in 1997]

 

      19.088 [1959 c.558 §14; 1969 c.198 §42; 1971 c.193 §22; renumbered 19.380 in 1997]

 

      19.090 [Repealed by 1959 c.558 §51]

 

      19.094 [1959 c.558 §15; 1963 c.372 §1; 1969 c.198 §43; repealed by 1971 c.565 §12 (19.095 enacted in lieu of 19.094)]

 

      19.095 [1971 c.565 §13 (19.095 enacted in lieu of 19.094); renumbered 19.395 in 1997]

 

      19.098 [1959 c.558 §16; 1969 c.198 §44; 1971 c.193 §23; 1971 c.565 §14; repealed by 1997 c.389 §22]

 

      19.100 [Repealed by 1959 c.558 §51]

 

      19.104 [1959 c.558 §27; 1979 c.284 §56; 1997 c.389 §25; 1997 c.801 §128; renumbered 19.500 in 1997]

 

      19.108 [1959 c.558 §20 (enacted in lieu of 19.110); 1969 c.198 §45; 1971 c.193 §24; 1985 c.734 §9; repealed by 1997 c.389 §22]

 

      19.110 [Repealed by 1959 c.558 §19 (19.108 enacted in lieu of 19.110)]

 

      19.111 [1985 c.734 §11; 1997 c.389 §19; 1997 c.801 §89; renumbered 19.410 in 1997]

 

      19.114 [1959 c.558 §22; renumbered 19.390 in 1997]

 

      19.118 [Formerly 19.080; 1969 c.198 §46; 1983 c.763 §7; renumbered 19.400 in 1997]

 

      19.120 [Repealed by 1959 c.558 §51]

 

      19.125 [1959 c.558 §21; 1965 c.177 §6; 1979 c.396 §1; renumbered 19.415 in 1997]

 

      19.130 [Amended by 1955 c.497 §6; 1959 c.558 §24; 1969 c.198 §47; 1985 c.540 §45; renumbered 19.420 in 1997]

 

      19.140 [Renumbered 19.425 in 1997]

 

      19.150 [Amended by 1959 c.33 §1; repealed by 1959 c.558 §25 (19.190 enacted in lieu of 19.150)]

 

      19.160 [Renumbered 19.445 in 1997]

 

      19.170 [1959 c.558 §17; renumbered 19.510 in 1997]

 

      19.180 [1959 c.558 §23; 1969 c.198 §48; renumbered 19.435 in 1997]

 

      19.190 [1959 c.558 §26 (enacted in lieu of 19.150); 1969 c.198 §49; 1981 c.178 §1; 1985 c.540 §27; 1985 c.734 §12; 1987 c.586 §11; 1997 c.71 §16; renumbered 19.450 in 1997]

 

      19.200 [1979 c.284 §58; renumbered 19.430 in 1997]

 

APPEALABLE JUDGMENTS

 

(Generally)

 

      19.205 Appealable judgments and orders. (1) Unless otherwise provided by law, a limited judgment, general judgment or supplemental judgment, as those terms are defined by ORS 18.005, may be appealed as provided in this chapter. A judgment corrected under ORCP 71 may be appealed only as provided in ORS 18.107 and 18.112.

      (2) An order in an action that affects a substantial right, and that effectively determines the action so as to prevent a judgment in the action, may be appealed in the same manner as provided in this chapter for judgments.

      (3) An order that is made in the action after a general judgment is entered and that affects a substantial right, including an order granting a new trial, may be appealed in the same manner as provided in this chapter for judgments.

      (4) No appeal to the Court of Appeals shall be taken or allowed in any action for the recovery of money or damages only unless it appears from the pleadings that the amount in controversy exceeds $250.

      (5) An appeal may be taken from the circuit court in any special statutory proceeding under the same conditions, in the same manner and with like effect as from a judgment or order entered in an action, unless appeal is expressly prohibited by the law authorizing the special statutory proceeding.

      (6) Nothing in ORS chapter 18 affects the authority of an appellate court to dismiss an appeal or to remand a proceeding to the trial court under ORS 19.270 (4) based on the appellate court’s determination that the appeal has not been taken from an appealable judgment or order. [Formerly 19.010; 2003 c.576 §85]

 

      19.210 [1981 c.550 §2; 1997 c.389 §3; renumbered 19.405 in 1997]

 

(Class Actions)

 

      19.215 Determining amount in controversy in class action for purposes of appeal. The aggregate amount of the claims of all potential class members in a class action under ORCP 32 shall determine whether the amount in controversy is sufficient to satisfy the provisions of ORS 19.205 (4) for the purposes of any appeal to the Court of Appeals. [Formerly 19.013; 2003 c.576 §573]

 

      19.220 [1981 c.897 §107; renumbered 19.440 in 1997]

 

      19.225 Appealability of certain orders in class actions. When a circuit court judge, in making in a class action under ORCP 32 an order not otherwise appealable, is of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, the judge shall so state in writing in such order. The Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from such order to the Court of Appeals if application is made to the court within 10 days after the entry of the order. Application for such an appeal shall not stay proceedings in the circuit court unless the circuit court judge or the Court of Appeals or a judge thereof shall so order. [Formerly 19.015]

 

      19.230 [1987 c.793 §1; 1991 c.817 §17; 1995 c.595 §20; renumbered 34.102 in 1997]

 

(Determining Whether Judgment Appealable)

 

      19.235 Jurisdiction for determining whether decision is appealable. (1) Notwithstanding ORS 19.270, if any party or the trial court on its own motion, on receiving actual notice of the filing of the notice of appeal, raises the issue whether the decision being appealed is appealable, the trial court shall have jurisdiction to make a summary determination, with or without a hearing, whether the decision is appealable. As used in this section, “decision” means any trial court ruling, either oral or written.

      (2) If the trial court determines that the decision is not appealable, the trial court, in its discretion, may proceed through entry of judgment or stay proceedings pending an appellate court determination of the existence of an appealable decision. The trial court may refer the question of the existence of an appealable decision to the court to which the appeal is taken. Neither an order by the trial court to proceed through entry of judgment, an order by the trial court to stay proceedings pending an appellate court determination, nor a trial court referral of the question of the existence of an appealable decision to the appellate court is appealable. However, on motion of any party or on its own motion the appellate court may stay proceedings in the trial court or stay any order or judgment entered by the trial court pending a final determination of appealability.

      (3) When a party by motion, the trial court by referral or the appellate court on its own motion raises the issue whether the decision is appealable, the appellate court may make a summary determination of the appealability of the decision. A summary determination of the appealability of a decision under this subsection is subject to review by the Supreme Court as provided in ORS 2.520 except that the petition for review shall be served and filed within 14 days after the date of the court’s determination. Either the Court of Appeals or the Supreme Court may shorten the time period within which the petition for review shall be filed. A petition for review of a determination under this subsection shall not be treated as a request for reconsideration by the Court of Appeals. The Supreme Court shall expedite its review of the Court of Appeals’ summary determination under this subsection.

      (4)(a) The trial court’s authority to proceed with a case under subsection (2) of this section shall end when the appellate court has made an express determination that an appeal has been taken from an appealable order or judgment, all means for obtaining review of that determination under subsection (3) of this section have been exhausted, and the State Court Administrator at the direction of the court has mailed copies of the final appellate court determination to the trial court and the parties; otherwise, the trial court’s jurisdiction shall continue.

      (b) No action by the trial court taken pursuant to subsections (1) and (2) of this section, except for entry of judgment, shall be void solely because an appellate court later determines that a notice of appeal was filed from an appealable decision. [Formerly 19.034]

 

COMMENCING AN APPEAL

 

(Generally)

 

      19.240 How appeal to Court of Appeals taken. (1) An appeal to the Court of Appeals shall be taken in the manner prescribed in this chapter.

      (2) The appeal shall be taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to be served:

      (a) On all parties who have appeared in the action, suit or proceeding;

      (b) On the trial court administrator; and

      (c) On the trial court transcript coordinator if a transcript is designated in connection with the appeal.

      (3) The original of the notice with proof of service indorsed thereon or affixed thereto shall be filed with the Court of Appeals. [Formerly 19.023; 1999 c.367 §2]

 

      19.245 Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments. (1) Except as provided in subsections (2) and (3) of this section, any party to a judgment may appeal from the judgment.

      (2) A party to a judgment given by confession or for want of an answer may not appeal from the judgment except as follows:

      (a) A plaintiff, third party plaintiff or a party who pleaded a cross-claim or counterclaim may appeal from the judgment if the judgment is not in accord with the relief demanded in the complaint.

      (b) A defendant may appeal from the judgment if the trial court has entered a default judgment against the defendant as a sanction or has denied a motion to set aside a default order or judgment.

      (c) A defendant may appeal from the judgment if it is void.

      (3) A party to a stipulated judgment may appeal from the judgment only if:

      (a) The judgment specifically provides that the party has reserved the right to appellate review of a ruling of the trial court in the cause; and

      (b) The appeal presents a justiciable controversy. [Formerly 19.020; 1999 c.367 §1; 2001 c.541 §1]

 

(Notice of Appeal)

 

      19.250 Contents of notice of appeal. (1) The notice of appeal shall contain the following:

      (a) The title of the cause. The party appealing a judgment shall be designated the appellant and the adverse party the respondent, but the title of the action or proceeding is not otherwise changed by reason of the appeal.

      (b) The names of the parties and their attorneys.

      (c) A notice to all parties or their attorneys as have appeared in the action or proceedings that an appeal is taken from the judgment or some specified part thereof and designating who are the adverse parties to the appeal.

      (d) A designation of those portions of the proceedings and exhibits to be included in the record in addition to the trial court file. The appellant may amend the designation of record at any time after filing the notice of appeal until 35 days after the transcript is filed by filing and serving in the same manner as a notice of appeal a notice of amended designation of record. The amended notice shall clearly indicate those portions of the proceedings and exhibits being added to or deleted from the original designation of record. The designation may not be later amended by the appellant unless the appellate court so orders.

      (e) A plain and concise statement of the points on which the appellant intends to rely. On appeal, the appellant may rely on no other points than those set forth in such statement. If the appellant has designated for inclusion in the record all the testimony and all the instructions given and requested, no statement of points is necessary. Not later than the 15th day following the filing of the transcript, the appellant may serve and file an amended statement of points. Except by approval of the court, the appellant may then rely on no other points than those set forth in such amended statement.

      (f) The signature of the appellant or attorney for the appellant.

      (2) Within 14 days after the filing of the notice of appeal or notice of amended designation of record any other party may serve and file a designation of additional parts of the proceedings and exhibits to be included in the record. Such designation shall be served and filed as provided for the serving and filing of a notice of appeal under ORS 19.240 and 19.260. If such party also appeals, the designation shall be included in the notice of appeal of the party and shall not be served and filed separately.

      (3) The reporter shall prepare a transcript of such parts of the proceedings as are designated pursuant to subsection (1)(d) of this section and subsection (2) of this section. [Formerly 19.029; 1999 c.367 §3]

 

      19.255 Time for service and filing of notice of appeal. (1) Except as provided in subsections (2) and (3) of this section, a notice of appeal must be served and filed within 30 days after the judgment appealed from is entered in the register.

      (2) If a motion for a new trial is filed and served within the time allowed by ORCP 64, or a motion for judgment notwithstanding the verdict is filed and served within the time allowed by ORCP 63, a notice of appeal must be served and filed:

      (a) Within 30 days after the order disposing of the motion is entered in the register, or within 30 days after the motion is deemed denied under ORCP 63 D or 64 F, whichever is first; or

      (b) Within the time allowed by subsection (1) of this section, if the period of time provided for in subsection (1) of this section expires later than the period of time provided for in paragraph (a) of this subsection.

      (3) Any other party who has appeared in the action, suit or proceeding, desiring to appeal against the appellant or any other party to the action, suit or proceeding, may serve and file notice of appeal within 10 days after the expiration of the time allowed by subsections (1) and (2) of this section. Any party not an appellant or respondent, but who becomes an adverse party to a cross appeal, may cross appeal against any party to the appeal by a written statement in the brief.

      (4) Except as otherwise ordered by the appellate court, when more than one notice of appeal is filed, the date on which the last such notice was filed shall be used in determining the time for preparation of the transcript, filing briefs and other steps in connection with the appeal. [Formerly 19.026; 2003 c.281 §1]

 

      19.260 Filing by mail. (1) Filing a notice of appeal in the Court of Appeals or the Supreme Court may be accomplished by mail. The date of filing such notice shall be the date of mailing, provided it is mailed by registered or certified mail and the party filing the notice has proof from the post office of such mailing date. Proof of mailing shall be certified by the party filing the notice and filed thereafter with the court to which the appeal is taken. If the notice is received by the court on or before the date by which such notice is required to be filed, the party filing the notice is not required to file proof of mailing.

      (2) Service of notice of appeal on a party, transcript coordinator or the trial court administrator, or service of a petition for judicial review on a party or administrative agency may be accomplished by first class, registered or certified mail. The date of serving such notice shall be the date of mailing. Proof of mailing shall be certified by the party filing the notice and filed thereafter with the court to which the appeal is taken.

      (3) Except as otherwise provided by law, the provisions of subsections (1) and (2) of this section are applicable to petitions for judicial review, cross petitions for judicial review and petitions under the original jurisdiction of the Supreme Court or Court of Appeals. [Formerly 19.028; 1999 c.367 §6]

 

      19.265 Payment of filing fee. At the time the notice of appeal is filed as provided in ORS 19.240, the appellant shall deposit with the State Court Administrator the amount of the appropriate filing fee. The timely deposit of such fee is not jurisdictional, but omission to do so shall be cause for dismissal of the appeal, subject to the provisions of ORS 19.270 (3). [Formerly 19.035]

 

(Jurisdiction of Appellate Court and Trial Court)

 

      19.270 Appellate jurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction to enter appealable judgment. (1) The Supreme Court or the Court of Appeals has jurisdiction of the cause when the notice of appeal has been served and filed as provided in ORS 19.240, 19.250 and 19.255. The trial court may exercise those powers in connection with the appeal as are conferred by law, and retains jurisdiction in the matter for the following purposes:

      (a) Deciding requests for attorney fees, costs and disbursements or expenses pursuant to ORCP 68 or other provision of law.

      (b) Enforcing the judgment, subject to any stay of the judgment.

      (c) Deciding a motion for judgment notwithstanding the verdict under ORCP 63.

      (d) Deciding a motion for new trial under ORCP 64.

      (e) Deciding a motion for relief from judgment under ORCP 71 B.

      (2) The following requirements of ORS 19.240, 19.250 and 19.255 are jurisdictional and may not be waived or extended:

      (a) Service of the notice of appeal on all parties identified in the notice of appeal as adverse parties or, if the notice of appeal does not identify adverse parties, on all parties who have appeared in the action, suit or proceeding, as provided in ORS 19.240 (2)(a), within the time limits prescribed by ORS 19.255.

      (b) Filing of the original of the notice of appeal with the Court of Appeals as provided in ORS 19.240 (3), within the time limits prescribed by ORS 19.255.

      (3) After the Supreme Court or the Court of Appeals has acquired jurisdiction of the cause, the omission of a party to perform any of the acts required in connection with an appeal, or to perform such acts within the time required, shall be cause for dismissal of the appeal. In the event of such omission, the court, on motion of a party or on its own motion may dismiss the appeal. An appeal dismissed on a party’s motion or on the court’s own motion may be reinstated upon showing of good cause.

      (4) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction, with leave of the appellate court, to enter an appealable judgment if the appellate court determines that:

      (a) At the time of the filing of the notice of appeal the trial court intended to enter an appealable judgment; and

      (b) The judgment from which the appeal is taken is defective in form or was entered at a time when the trial court did not have jurisdiction of the cause under subsection (1) of this section, or the trial court had not yet entered an appealable judgment.

      (5) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction:

      (a) To enter an order or supplemental judgment under ORCP 71 or ORS 19.275, 107.105 (4) or 107.452; and

      (b) To enter an order or supplemental judgment for the purpose of implementing a settlement as allowed by ORS 19.410 (3).

      (6) Jurisdiction of the appellate court over a cause ends when a copy of the appellate judgment is mailed by the State Court Administrator to the court from which the appeal was taken pursuant to ORS 19.450, except that the appellate court may:

      (a) Recall the appellate judgment as justice may require;

      (b) Stay enforcement of the appellate judgment to allow the filing of a petition for writ of certiorari to the Supreme Court of the United States; and

      (c) Stay enforcement of the appellate judgment pending disposition of the matter by the Supreme Court of the United States or for such other time as the Oregon appellate court may deem appropriate.

      (7) If a limited or supplemental judgment is appealed, the jurisdiction of the appellate court is limited to the matters decided by the limited or supplemental judgment, and the trial court retains jurisdiction over all other matters in the proceeding.

      (8) After jurisdiction of the appellate court ends, all orders which may be necessary to carry the appellate judgment into effect shall be made by the court from which the appeal was taken. [Formerly 19.033; 2003 c.576 §86; 2005 c.568 §25c; 2007 c.66 §1]

 

      Note: Section 2, chapter 66, Oregon Laws 2007, provides:

      Sec. 2. The amendments to ORS 19.270 by section 1 of this 2007 Act apply only to causes for which a notice of appeal is filed on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.66 §2]

 

      19.275 Continuing jurisdiction of trial court in certain domestic relations cases. (1) Any motion that requires a showing of a change of circumstances before the court may modify a judgment, including a motion to reconsider the spousal or child support provisions of a judgment pursuant to ORS 107.135, may be filed with the trial court while an appeal from the judgment is pending before an appellate court. The filing of a motion under this subsection does not affect the right of the appellant to pursue the appeal of the judgment.

      (2) The trial court in its discretion may proceed to hear and decide a motion under this section or may hold the motion in abeyance pending disposition of the appeal.

      (3) Pursuant to the provisions of ORS 19.205, the court’s decision on a motion under this section is a supplemental judgment. The appellate court in its discretion may consolidate an appeal from a supplemental judgment under this section with the pending appeal of the general judgment in the case, may direct that both appeals be heard at the same time or may allow the appeals to proceed independently. [1997 c.71 §11; 2003 c.576 §87; 2005 c.568 §26]

 

UNDERTAKINGS ON APPEAL AND STAYS OF JUDGMENT

 

(Undertakings)

 

      19.300 Undertakings on appeal generally; filing and service. (1) An appellant must serve and file an undertaking for costs within 14 days after the filing of a notice of appeal. Unless the undertaking is waived, reduced or limited under ORS 19.310, an undertaking for costs must be in the amount of $500.

      (2) A supersedeas undertaking may be served and filed by an appellant at any time while a case is pending on appeal.

      (3) The original of an undertaking on appeal, with proof of service, must be filed with the trial court administrator. A copy of the undertaking must be served on each adverse party on appeal in the manner prescribed by ORCP 9B. [1997 c.71 §2; 1999 c.367 §7]

 

      19.305 Qualifications of sureties; objections. (1) Undertakings on appeal are subject to the provisions of ORS 22.020 to 22.070.

      (2) A surety for an undertaking on appeal must be qualified as provided in ORCP 82. The amount of liability assumed by a surety or letter of credit issuer must be stated in the undertaking. The liability of a surety or letter of credit issuer is limited to the amount specified in the undertaking.

      (3) Objections to the sufficiency of an undertaking on appeal, including the objections to the amount of the undertaking and to the sufficiency of the security for the undertaking, must be filed in and determined by the trial court in the manner provided by ORCP 82. Notwithstanding ORCP 82 F, objections to the undertaking must be filed within 14 days after the date on which a copy of the undertaking is served on the party who objects to the undertaking. [1997 c.71 §3]

 

      19.310 Waiver, reduction or limitation of undertaking. (1) By written stipulation of the parties, an undertaking on appeal may be waived, reduced or limited. The stipulation must be filed with the trial court administrator within 14 days after the filing of the notice of appeal. Unless disapproved or modified by the trial court, the stipulation has the effect specified by the terms of the stipulation.

      (2) The trial court may waive, reduce or limit an undertaking on appeal upon a showing of good cause, including indigence, and on such terms as are just and equitable. [1997 c.71 §4; 1999 c.367 §8]

 

      19.312 Supersedeas undertaking in certain actions against tobacco product manufacturer. (1) The provisions of this section apply only to civil actions against a tobacco product manufacturer as defined in ORS 323.800, or against an affiliate or successor of a tobacco product manufacturer, in which:

      (a) The tobacco product manufacturer is subject to the requirements of ORS 323.806; and

      (b) The state is not a plaintiff.

      (2) In any civil action described in subsection (1) of this section, the supersedeas undertaking required of the tobacco product manufacturer, or of an affiliate or successor of the tobacco product manufacturer, as a condition of a stay of judgment throughout all appeals or discretionary appellate review, shall be established in the manner provided by the laws and court rules of this state applicable to supersedeas undertakings, but the amount of the supersedeas undertaking may not exceed $150 million.

      (3) If at any time after the posting of the supersedeas undertaking pursuant to the provisions of this section the court determines that a tobacco product manufacturer, affiliat