ORS 53.040
Requisites of undertaking for costs and disbursements and stay of proceedings

The undertaking of the appellant must be given with one or more sureties, to the effect that the appellant will pay all costs and disbursements that may be awarded against the appellant on the appeal. The undertaking does not stay the proceedings unless the undertaking further provides that the appellant will satisfy any judgment that may be given against the appellant in the appellate court on the appeal. The undertaking must be filed with the justice within five days after the notice of appeal is given or filed. The justice may waive, reduce or limit the undertaking upon a showing of good cause, including indigency, and on such terms as shall be just and equitable. The justice or the appellate court may waive a failure to file the undertaking within the time required upon a showing of good cause for that failure. [Amended by 1983 c.673 §12]

Source: Section 53.040 — Requisites of undertaking for costs and disbursements and stay of proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors053.­html.

Notes of Decisions

The filing of the undertaking within the time specified is jurisdictional. Curry v. Pope, 266 Or 327, 513 P2d 792 (1973)

Green check means up to date. Up to date

Current through early 2024

§ 53.040’s source at oregon​.gov