Appeals

ORS 19.335
Stay by filing of supersedeas undertaking


(1)

If a judgment is for the recovery of money, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will pay the judgment to the extent that the judgment is affirmed on appeal.

(2)

If a judgment requires the transfer or delivery of possession of real property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will not commit waste or allow waste to be committed on the real property while the appellant possesses the property, and the appellant will pay the value of the use and occupation of the property for the period of possession if the judgment is affirmed. The value of the use and occupation during the period of possession must be stated in the undertaking.

(3)

(a) If a judgment requires the transfer or delivery of possession of personal property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will obey the judgment of the appellate court, and that if the appellant does not obey the judgment, the appellant will pay an amount determined by the trial court and stated in the undertaking.

(b)

If a judgment requires the transfer or delivery of possession of personal property, the judgment is stayed without the filing of a supersedeas undertaking if the appellant transfers or delivers the personal property to the court or places the property in the custody of an officer or receiver appointed by the trial court.

(4)

If a judgment requires the foreclosure of a mortgage, lien or other encumbrance, and also requires payment of the debt secured by the mortgage, lien or other encumbrance, a supersedeas undertaking acts to stay that portion of the judgment that requires payment of the debt if the undertaking provides that the appellant will pay any portion of the judgment remaining unsatisfied after the sale of the property subject to the mortgage, lien or other encumbrance. The amount of the undertaking must be stated in the undertaking. The requirements of this subsection are in addition to any provisions in a supersedeas undertaking that may be required under subsection (2) or (3) of this section to stay delivery or transfer of property.

(5)

If a judgment requires the execution of a conveyance or other instrument, the judgment is stayed without the filing of a supersedeas undertaking if the appellant executes the instrument and deposits the instrument with the trial court administrator. Unless otherwise directed by the appellate court, the instrument must be held by the trial court administrator until issuance of the appellate judgment terminating the appeal.

(6)

Except as provided in ORCP 72, a stay of judgment described in this section takes effect only after the party has filed a notice of appeal and filed any supersedeas undertaking required for the stay. [1997 c.71 §6; 1999 c.367 §11; 2007 c.547 §5]

Notes of Decisions

Judgment for "recovery of money" refers to money due for past events or conduct and does not include support obligation for amounts due in future. McGinley and McGinley, 156 Or App 449, 965 P2d 486 (1998)

Value of use and occupation of property for purpose of forcible entry and detainer action is fair market rental value of property. LIG Investments LLC v. Roach, 215 Or App 210, 170 P3d 561 (2007)

Filing of supersedeas undertaking on appeal pursuant to section tolls 60-day limit on issuance of process to enforce judgment for restitution of premises under ORS 105.159 (3). Pine Ridge Park v. Fugere, 252 Or App 456, 287 P3d 1268 (2012), Sup Ct review denied

This section, when read with ORS 105.161, allows tenant to remain in possession of property, despite landlord's wishes and contrary to forcible entry and detainer judgment, in exchange for immediate undertaking to assure payment of value of unwanted use and occupancy of property during appeal regardless of outcome of appeal. Willamette Landing Apartments v. Burnett, 282 Or App 814, 387 P3d 501 (2016)

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