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]

Source: Section 19.360 — Appellate review of trial court orders relating to undertakings and stays, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

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

19.005
Definitions 19.205
Appealable judgments and orders 19.215
Determining amount in controversy in class action for purposes of appeal 19.225
Appealability of certain orders in class actions 19.235
Jurisdiction for determining whether decision is appealable 19.240
How appeal to Court of Appeals taken 19.245
Who may appeal 19.250
Contents of notice of appeal 19.255
Time for service and filing of notice of appeal 19.260
Filing by mail or delivery 19.265
Payment of filing fee 19.270
Appellate jurisdiction of Supreme Court and Court of Appeals 19.275
Continuing jurisdiction of trial court in certain domestic relations cases 19.300
Undertakings on appeal generally 19.305
Qualifications of sureties 19.310
Waiver, reduction or limitation of undertaking 19.312
Supersedeas undertaking in certain actions against tobacco product manufacturer 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 19.330
Stays generally 19.335
Stay by filing of supersedeas undertaking 19.340
Waiver of supersedeas undertaking 19.345
Enforcement of judgment in contract action notwithstanding appeal 19.350
Discretionary stay by court 19.355
Stay of domestic relations judgment 19.360
Appellate review of trial court orders relating to undertakings and stays 19.365
Preparation and transmission of record generally 19.370
Certification and service of transcript 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 19.400
Where appeals heard 19.405
Certification of appeal to Supreme Court 19.410
Stipulated dismissals 19.415
Scope of appellate review 19.420
Action by appellate court on appeal 19.425
Review of intermediate orders 19.430
Review of trial court order granting a new trial on court’s own initiative 19.435
Memorandum decisions 19.440
Award of attorney fees authorized by statute 19.445
Damages upon affirmance of judgment 19.450
Appellate judgment 19.500
Service of documents under provisions of chapter 19.510
Powers of successor trial judge with respect to appeals
Green check means up to date. Up to date

Current through early 2024

§ 19.360’s source at oregon​.gov