Oregon Statutes

Chapter 19 - Appeals

• 19.005   Definitions.
  As used in this chapter: (1) “Exhibits” means exhibits offered and received or rejected in the trial court. (2) “Judgment” means a judgment or appealable...
• 19.010   [Amended by 1973 c.197 §1; 1977 c.208 §4; 1979 c.562 §3; 1981 c.898 §18; 1997 c.389 §24; renumbered 19.205 in 1997]
• 19.013   [Formerly 13.410; renumbered 19.215 in 1997]
• 19.015   [Formerly 13.400; renumbered 19.225 in 1997]
• 19.020   [Renumbered 19.245 in 1997]
• 19.023   [Formerly 19.030; 1969 c.198 §37; 1973 c.207 §3; 1981 c.177 §1; 1997 c.389 §5; renumbered 19.240 in 1997]
• 19.026   [1959 c.558 §4; 1973 c.207 §4; 1979 c.284 §55; 1987 c.852 §5; renumbered 19.255 in 1997]
• 19.028   [1979 c.297 §1; 1985 c.734 §3; 1987 c.852 §6; 1989 c.768 §12; 1997 c.389 §6; renumbered 19.260 in 1997]
• 19.029   [1959 c.558 §5; 1971 c.565 §6; 1973 c.207 §5; 1983 c.621 §1; 1985 c.734 §4; renumbered 19.250 in 1997]
• 19.030   [Amended by 1959 c.558 §3; renumbered 19.023]
• 19.033   [1959 c.558 §6; 1969 c.198 §38; 1971 c.565 §7; 1983 c.673 §22; 1983 c.740 §4; 1985 c.734 §5; 1989 c.195 §1; 1995 c.800 §11; 1997 c.71 §14; 1997 c.389 §20; 1997 c.801 §90; renumbered 19.270 in 1997]
• 19.034   [1987 c.712 §2; renumbered 19.235 in 1997]
• 19.035   [1959 c.558 §7; 1963 c.27 §1; 1969 c.198 §39; 1971 c.193 §19; 1983 c.774 §6; renumbered 19.265 in 1997]
• 19.038   [1959 c.558 §8; 1981 c.483 §1; 1983 c.673 §23; 1985 c.734 §6; 1991 c.331 §3; 1995 c.79 §7; repealed by 1997 c.71 §20]
• 19.040   [Amended by 1977 c.416 §6; 1981 c.483 §2; 1985 c.734 §7; 1991 c.331 §4; repealed by 1997 c.71 §20]
• 19.045   [1959 c.558 §9; 1977 c.416 §1; 1985 c.734 §8; repealed by 1997 c.71 §20]
• 19.050   [Amended by 1983 c.763 §60; 1987 c.852 §7; repealed by 1997 c.71 §20]
• 19.060   [Amended by 1997 c.71 §15; renumbered 19.345 in 1997]
• 19.065   [1959 c.558 §10; 1969 c.198 §40; 1997 c.389 §21; 1997 c.801 §124a; renumbered 19.365 in 1997]
• 19.069   [1971 c.565 §10; 1997 c.801 §125; renumbered 19.385 in 1997]
• 19.070   [Repealed by 1959 c.558 §51]
• 19.074   [1959 c.558 §11; 1969 c.198 §41; 1971 c.193 §20; 1971 c.565 §8; repealed by 1997 c.389 §22]
• 19.078   [1959 c.558 §12; 1971 c.193 §21; 1971 c.565 §11; 1981 c.51 §1; 1989 c.1053 §9; 1995 c.273 §7; 1997 c.801 §126; renumbered 19.370 in 1997]
• 19.080   [Amended by 1959 c.558 §18; renumbered 19.118]
• 19.084   [1959 c.558 §13; 1985 c.565 §2a; renumbered 19.375 in 1997]
• 19.088   [1959 c.558 §14; 1969 c.198 §42; 1971 c.193 §22; renumbered 19.380 in 1997]
• 19.090   [Repealed by 1959 c.558 §51]
• 19.094   [1959 c.558 §15; 1963 c.372 §1; 1969 c.198 §43; repealed by 1971 c.565 §12 (19.095 enacted in lieu of 19.094)]
• 19.095   [1971 c.565 §13 (19.095 enacted in lieu of 19.094); renumbered 19.395 in 1997]
• 19.098   [1959 c.558 §16; 1969 c.198 §44; 1971 c.193 §23; 1971 c.565 §14; repealed by 1997 c.389 §22]
• 19.100   [Repealed by 1959 c.558 §51]
• 19.104   [1959 c.558 §27; 1979 c.284 §56; 1997 c.389 §25; 1997 c.801 §128; renumbered 19.500 in 1997]
• 19.108   [1959 c.558 §20 (enacted in lieu of 19.110); 1969 c.198 §45; 1971 c.193 §24; 1985 c.734 §9; repealed by 1997 c.389 §22]
• 19.110   [Repealed by 1959 c.558 §19 (19.108 enacted in lieu of 19.110)]
• 19.111   [1985 c.734 §11; 1997 c.389 §19; 1997 c.801 §89; renumbered 19.410 in 1997]
• 19.114   [1959 c.558 §22; renumbered 19.390 in 1997]
• 19.118   [Formerly 19.080; 1969 c.198 §46; 1983 c.763 §7; renumbered 19.400 in 1997]
• 19.120   [Repealed by 1959 c.558 §51]
• 19.125   [1959 c.558 §21; 1965 c.177 §6; 1979 c.396 §1; renumbered 19.415 in 1997]
• 19.130   [Amended by 1955 c.497 §6; 1959 c.558 §24; 1969 c.198 §47; 1985 c.540 §45; renumbered 19.420 in 1997]
• 19.140   [Renumbered 19.425 in 1997]
• 19.150   [Amended by 1959 c.33 §1; repealed by 1959 c.558 §25 (19.190 enacted in lieu of 19.150)]
• 19.160   [Renumbered 19.445 in 1997]
• 19.170   [1959 c.558 §17; renumbered 19.510 in 1997]
• 19.180   [1959 c.558 §23; 1969 c.198 §48; renumbered 19.435 in 1997]
• 19.190   [1959 c.558 §26 (enacted in lieu of 19.150); 1969 c.198 §49; 1981 c.178 §1; 1985 c.540 §27; 1985 c.734 §12; 1987 c.586 §11; 1997 c.71 §16; renumbered 19.450 in 1997]
• 19.200   [1979 c.284 §58; renumbered 19.430 in 1997]
• 19.205   Appealable judgments and orders.
  (1) Unless otherwise provided by law, a limited judgment, general judgment or supplemental judgment, as those terms are defined by ORS 18.005, may be appealed...
• 19.210   [1981 c.550 §2; 1997 c.389 §3; renumbered 19.405 in 1997]
• 19.215   Determining amount in controversy in class action for purposes of appeal.
  The aggregate amount of the claims of all potential class members in a class action under ORCP 32 shall determine whether the amount in controversy...
• 19.220   [1981 c.897 §107; renumbered 19.440 in 1997]
• 19.225   Appealability of certain orders in class actions.
  When a circuit court judge, in making in a class action under ORCP 32 an order not otherwise appealable, is of the opinion that such...
• 19.230   [1987 c.793 §1; 1991 c.817 §17; 1995 c.595 §20; renumbered 34.102 in 1997]
• 19.235   Jurisdiction for determining whether decision is appealable.
  (1) Notwithstanding ORS 19.270, if any party or the trial court on its own motion, on receiving actual notice of the filing of the notice...
• 19.240   How appeal to Court of Appeals taken.
  (1) An appeal to the Court of Appeals shall be taken in the manner prescribed in this chapter. (2) The appeal shall be taken by...
• 19.245   Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments.
  (1) Except as provided in subsections (2) and (3) of this section, any party to a judgment may appeal from the judgment. (2) A party...
• 19.250   Contents of notice of appeal.
  (1) The notice of appeal shall contain the following: (a) The title of the cause. The party appealing a judgment shall be designated the appellant...
• 19.255   Time for service and filing of notice of appeal.
  (1) Except as provided in subsections (2) and (3) of this section, a notice of appeal must be served and filed within 30 days after...
• 19.260   Filing by mail.
  (1) Filing a notice of appeal in the Court of Appeals or the Supreme Court may be accomplished by mail. The date of filing such...
• 19.265   Payment of filing fee.
  At the time the notice of appeal is filed as provided in ORS 19.240, the appellant shall deposit with the State Court Administrator the amount...
• 19.270   Appellate jurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction to enter appealable judgment.
  (1) The Supreme Court or the Court of Appeals has jurisdiction of the cause when the notice of appeal has been served and filed as...
• 19.275   Continuing jurisdiction of trial court in certain domestic relations cases.
  (1) Any motion that requires a showing of a change of circumstances before the court may modify a judgment, including a motion to reconsider the...
• 19.300   Undertakings on appeal generally; filing and service.
  (1) An appellant must serve and file an undertaking for costs within 14 days after the filing of a notice of appeal. Unless the undertaking...
• 19.305   Qualifications of sureties; objections.
  (1) Undertakings on appeal are subject to the provisions of ORS 22.020 to 22.070. (2) A surety for an undertaking on appeal must be qualified...
• 19.310   Waiver, reduction or limitation of undertaking.
  (1) By written stipulation of the parties, an undertaking on appeal may be waived, reduced or limited. The stipulation must be filed with the trial...
• 19.312   Supersedeas undertaking in certain actions against tobacco product manufacturer.
  (1) The provisions of this section apply only to civil actions against a tobacco product manufacturer as defined in ORS 323.800, or against an affiliate...
• 19.315   Requirements for use of letter of credit.
  (1) Except as provided in subsection (4) of this section, an irrevocable letter of credit filed in support of an undertaking on appeal must contain:...
• 19.320   Expiration and renewal of letter of credit.
  (1) If a letter of credit issued under ORS 19.315 contains an expiration date, the letter of credit must also state an automatic renewal period...
• 19.325   Payment on letter of credit.
  (1) If an appellate judgment entitles a beneficiary to payment from the issuing bank of a letter of credit, the appellate judgment must direct the...
• 19.330   Stays generally.
  The filing of a notice of appeal does not automatically stay the judgment that is the subject of the appeal. A party may seek to...
• 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...
• 19.340   Waiver of supersedeas undertaking; sale of perishables.
  (1) The trial court, in its discretion, may stay a judgment without requiring a supersedeas undertaking, or reduce the amount of the supersedeas undertaking required...
• 19.345   Enforcement of judgment in contract action notwithstanding appeal.
  If the judgment has been given in an action or suit upon a contract, notwithstanding an appeal and supersedeas undertaking, the respondent may proceed to...
• 19.350   Discretionary stay by court.
  (1) A party may seek a stay of judgment pending a decision on appeal in the manner provided by this section only if the judgment...
• 19.355   Stay of domestic relations judgment.
  (1) The provisions of this chapter relating to stays on appeal apply to a domestic relations judgment. (2) If an appellant seeks a stay of...
• 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...
• 19.365   Preparation and transmission of record generally.
  (1) The record of the case shall be prepared and transmitted to the court to which the appeal is made in the manner provided in...
• 19.370   Certification of transcript; effect of referral to appellate mediation; correction of errors; settlement order.
  (1) If a transcript is prepared from audio records by a person other than the reporter, then the reporter shall certify the audio records and...
• 19.375   Cost of transcript.
  (1) Where more than one appeal is taken from the same judgment, only one original transcript shall be filed. (2) The cost of preparing the...
• 19.380   Agreed narrative statement.
  In lieu of or in addition to a transcript, the parties may prepare an agreed narrative statement of the proceedings below or parts thereof. The...
• 19.385   Audio records.
  Where the trial proceedings are recorded on audio records, the court to which the appeal is made may waive transcription and provide for hearing of...
• 19.390   Bill of exceptions not required.
  A bill of exceptions is not required. For the purposes of section 3, Article VII (Amended) of the Oregon Constitution, the transcript, as defined in...
• 19.395   Time extensions for preparation of record.
  Extensions of time for the performance of any act in connection with the preparation of the record may be granted only by the court to...
• 19.400   Where appeals heard.
  An appeal taken from any circuit court in any county lying east of the Cascade Mountains, except Klamath and Lake, shall be heard at Pendleton,...
• 19.405   Certification of appeal to Supreme Court.
  (1) When the Court of Appeals has jurisdiction of an appeal, the court, through the Chief Judge and pursuant to appellate rules, may certify the...
• 19.410   Stipulated dismissals; settlement; effect of settlement on pending appeal.
  (1) An appellate court may dismiss an appeal at any time if the parties to the appeal stipulate to the dismissal. (2) Dismissal of an...
• 19.415   Scope of appellate review.
  (1) Upon an appeal from a judgment in an action at law, the scope of review shall be as provided in section 3, Article VII...
• 19.420   Action by appellate court on appeal; review of order granting new trial or judgment notwithstanding verdict; reversal upon loss or destruction of reporter’s notes or audio records.
  (1) Upon an appeal, the court to which the appeal is made may affirm, reverse or modify the judgment or part thereof appealed from as...
• 19.425   Review of intermediate orders; directing restitution.
  Upon an appeal, the appellate court may review any intermediate order involving the merits or necessarily affecting the judgment appealed from; and when it reverses...
• 19.430   Review of trial court order granting a new trial on court’s own initiative.
  If an appeal is taken from an order of the trial court granting a new trial on its own initiative, the order shall be affirmed...
• 19.435   Memorandum decisions.
  The Supreme Court or the Court of Appeals may decide cases before it by means of memorandum decisions and shall prepare full opinions only in...
• 19.440   Award of attorney fees authorized by statute.
  Any statute law of this state that authorizes or requires the award or allowance of attorney fees to a party in a civil action or...
• 19.445   Damages upon affirmance of judgment.
  Whenever a judgment is affirmed on appeal, and it is for recovery of money, or personal property or the value thereof, the judgment shall be...
• 19.450   Appellate judgment; when effective; effect of entry in trial court register; effect on judgment lien.
  (1) As used in this section: (a) “Decision” means a memorandum opinion, an opinion indicating the author or an order denying or dismissing an appeal...
• 19.500   Service of documents under provisions of chapter.
  Except as otherwise provided in this chapter, when any provision of this chapter requires that a document be served and filed, the document shall be...
• 19.510   Powers of successor trial judge with respect to appeals.
  In case of death, resignation, expiration of the term of office or vacancy in office for any other cause of the judge before whom the...