Appeals

ORS 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 (Vacation or modification of judgment), 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 (Appealable judgments and orders), 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]
Chapter 19

Notes of Decisions

This chapter does not apply to workers' compensation proceedings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff'd 295 Or 448, 667 P2d 529 (1983)


Source

Last accessed
Jun. 26, 2021