Appeals

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


(1)

Any party aggrieved by the trial court’s final order relating to an undertaking on appeal, the trial court’s grant or denial of a stay or the terms and conditions imposed by the trial court on the granting of a stay may seek review of the trial court’s decision by filing a motion in the appellate court to which the appeal is made. The motion must be filed within 14 days after the entry of the trial court’s order. During the 14-day period after the entry of the trial court’s order, the judgment shall automatically be stayed unless the trial court orders otherwise. The trial court may impose terms or conditions on the stay or take such other action as may be necessary to prevent prejudice to the parties.

(2)

The appellate court may review the decision of the trial court under the provisions of this section at any time after the filing of the notice of appeal. Notwithstanding ORS 19.415 (Scope of appellate review) (3), the appellate court shall review the decision de novo upon the record.

(3)

On de novo review under subsection (2) of this section, the record shall be restricted to the record made before the trial court unless:

(a)

There is additional relevant information relating to the period of time following the decision of the trial court that the appellate court determines to be important to review of the decision; or

(b)

The party submitting new information establishes that there was good cause for not submitting the information to the trial court.

(4)

On review of a trial court’s decision relating to a request for a stay pending appeal, an appellate court may remand the matter to the trial court for reconsideration, may vacate a stay granted by the trial court, may grant a stay, and may impose or modify terms and conditions on a stay. Upon receipt of a request for a stay pending appeal made to the appellate court in the first instance, the appellate court may remand the matter to the trial court for consideration in the first instance, may grant or deny a stay, and may impose terms and conditions on a stay issued by the appellate court. [1997 c.71 §9; 1999 c.294 §1; 2009 c.231 §4]

Notes of Decisions

Appellate court is not required to convene department of judges to review and decide motions relating to undertaking or stays filed with appellate court in first instance. Bova v. City of Medford, 236 Or App 257, 236 P3d 760 (2010), Sup Ct review denied

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