ORS 19.450
Appellate judgment

  • when effective
  • effect of entry in trial court register
  • effect on judgment lien


As used in this section:


“Decision” means a memorandum opinion, an opinion indicating the author or an order denying or dismissing an appeal issued by the Court of Appeals or the Supreme Court. The decision shall state the court’s disposition of the judgment being appealed, and may provide for final disposition of the cause. The decision shall designate the prevailing party or parties, state whether a party or parties will be allowed costs and disbursements, and if so, by whom the costs and disbursements will be paid.


“Appellate judgment” means the decision of the Court of Appeals or Supreme Court, or such portion of the decision as may be specified by the rule of the Supreme Court, together with an award of attorney fees or allowance of costs and disbursements, if any.


As to appeals from circuit and tax courts, the appellate judgment is effective when a copy of the appellate judgment is entered in the court’s register and mailed by the State Court Administrator to the court from which the appeal was taken. When the State Court Administrator mails a copy of the appellate judgment to the court from which the appeal was taken, the administrator also shall mail a copy to the parties to the appeal.


If a new trial is ordered, upon the receipt of the appellate judgment by the trial court administrator for the court below, the trial court administrator shall enter the appellate court’s decision in the register of the court below and thereafter the cause shall be deemed pending for trial in such court, according to the directions of the court which rendered the decision. If a new trial is not ordered, upon the receipt of the appellate judgment by the trial court administrator, a judgment shall be entered in the register according to the directions of the court which rendered the decision, in like manner and with like effect as if the same was given in the court below.


A party entitled to enforce an undertaking may obtain judgment against a surety by filing a request with the State Court Administrator and serving a copy of the request on the other parties and the surety. The request must identify the surety against whom judgment is to be entered and the amount of the judgment sought to be imposed against the surety. Unless otherwise directed by the appellate court, upon receiving the request the State Court Administrator shall include in the appellate judgment a judgment against the surety in the amount specified.


If the appellate judgment terminating an appeal contains a judgment against a surety for an undertaking, the trial court administrator shall enter the judgment against the surety in like manner and with like effect as if the judgment was given in the court below.


Except as provided in ORS 18.154 (Appeal), an appeal does not discharge the lien of a judgment and unless the judgment is reversed, the lien of the judgment merges with and continues in the affirmed or modified judgment given on appeal, from the time of the entry of the judgment in the court below. The lien of any judgment created by recording a certified copy of the judgment or a lien record abstract continues in force in the same manner as the original judgment lien as provided in this subsection. [Formerly 19.190; 1999 c.367 §16; 2003 c.576 §89]

Source: Section 19.450 — Appellate judgment; when effective; effect of entry in trial court register; effect on judgment lien, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

Opinion that appellate court issues with decision is not part of appellate judgment. International Brotherhood of Electrical Workers Local No. 48 v. Oregon Steel Mills, Inc., 180 Or App 265, 44 P3d 600 (2002)

Where employer’s cross-petition is dismissed as moot when court affirmed Workers’ Compensation Board order in favor of employer, statute requires employee cross-respondent to be designated prevailing party of decision to dismiss cross-petition. Vaida v. Howells Custom Cabinets, 288 Or App 386, 405 P3d 201 (2017)

Appealable judgments and orders
Determining amount in controversy in class action for purposes of appeal
Appealability of certain orders in class actions
Jurisdiction for determining whether decision is appealable
How appeal to Court of Appeals taken
Who may appeal
Contents of notice of appeal
Time for service and filing of notice of appeal
Filing by mail or delivery
Payment of filing fee
Appellate jurisdiction of Supreme Court and Court of Appeals
Continuing jurisdiction of trial court in certain domestic relations cases
Undertakings on appeal generally
Qualifications of sureties
Waiver, reduction or limitation of undertaking
Supersedeas undertaking in certain actions against tobacco product manufacturer
Requirements for use of letter of credit
Expiration and renewal of letter of credit
Payment on letter of credit
Stays generally
Stay by filing of supersedeas undertaking
Waiver of supersedeas undertaking
Enforcement of judgment in contract action notwithstanding appeal
Discretionary stay by court
Stay of domestic relations judgment
Appellate review of trial court orders relating to undertakings and stays
Preparation and transmission of record generally
Certification and service of transcript
Cost of transcript
Agreed narrative statement
Audio records
Bill of exceptions not required
Time extensions for preparation of record
Where appeals heard
Certification of appeal to Supreme Court
Stipulated dismissals
Scope of appellate review
Action by appellate court on appeal
Review of intermediate orders
Review of trial court order granting a new trial on court’s own initiative
Memorandum decisions
Award of attorney fees authorized by statute
Damages upon affirmance of judgment
Appellate judgment
Service of documents under provisions of chapter
Powers of successor trial judge with respect to appeals
Green check means up to date. Up to date