ORS Chapter 19

Chapter 19 — Appeals

2009 EDITION

APPEALS

PROCEDUREIN CIVIL PROCEEDINGS

GENERALPROVISIONS

19.005 Definitions

APPEALABLEJUDGMENTS

(Generally)

19.205 Appealablejudgments and orders

(ClassActions)

19.215 Determiningamount in controversy in class action for purposes of appeal

19.225 Appealabilityof certain orders in class actions

(DeterminingWhether Judgment Appealable)

19.235 Jurisdictionfor determining whether decision is appealable

COMMENCINGAN APPEAL

(Generally)

19.240 Howappeal to Court of Appeals taken

19.245 Whomay appeal; appeal of default judgments and judgments taken by confession;appeal of stipulated judgments

(Noticeof Appeal)

19.250 Contentsof notice of appeal

19.255 Timefor service and filing of notice of appeal

19.260 Filingby mail

19.265 Paymentof filing fee

(Jurisdictionof Appellate Court and Trial Court)

19.270 Appellatejurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction toenter appealable judgment

19.275 Continuingjurisdiction of trial court in certain domestic relations cases

UNDERTAKINGSON APPEAL AND STAYS OF JUDGMENT

(Undertakings)

19.300 Undertakingson appeal generally; filing and service

19.305 Qualificationsof sureties; objections

19.310 Waiver,reduction or limitation of undertaking

19.312 Supersedeasundertaking in certain actions against tobacco product manufacturer

(Letterof Credit in Support of Undertaking)

19.315 Requirementsfor use of letter of credit

19.320 Expirationand renewal of letter of credit

19.325 Paymenton letter of credit

(Stays)

19.330 Staysgenerally

19.335 Stayby filing of supersedeas undertaking

19.340 Waiverof supersedeas undertaking; sale of perishables

19.345 Enforcementof judgment in contract action notwithstanding appeal

19.350 Discretionarystay by court

19.355 Stayof domestic relations judgment

(AppellateReview of Trial Court Orders

Relatingto Undertakings and Stays)

19.360 Appellatereview of trial court orders relating to undertakings and stays

RECORDON APPEAL

19.365 Preparationand transmission of record generally

19.370 Certificationof transcript; effect of referral to appellate mediation; correction of errors;settlement order

19.375 Costof transcript

19.380 Agreednarrative statement

19.385 Audiorecords

19.390 Billof exceptions not required

19.395 Timeextensions for preparation of record

HEARINGSON APPEALS

19.400 Whereappeals heard

DISPOSITIONOF APPEALS

(Certificationof Appeal to Supreme Court)

19.405 Certificationof appeal to Supreme Court

(StipulatedDismissals and Settlements)

19.410 Stipulateddismissals; settlement; effect of settlement on pending appeal

(Dispositionon Merits)

19.415 Scopeof appellate review

19.420 Actionby appellate court on appeal; review of order granting new trial or judgmentnotwithstanding verdict; reversal upon loss or destruction of reporter’s notesor audio records

19.425 Reviewof intermediate orders; directing restitution

19.430 Reviewof trial court order granting a new trial on court’s own initiative

19.435 Memorandumdecisions

(AttorneyFees and Penalties)

19.440 Awardof attorney fees authorized by statute

19.445 Damagesupon affirmance of judgment

(AppellateJudgment)

19.450 Appellatejudgment; when effective; effect of entry in trial court register; effect onjudgment lien

MISCELLANEOUS

19.500 Serviceof documents under provisions of chapter

19.510 Powersof successor trial judge with respect to appeals

GENERALPROVISIONS

19.005Definitions.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 order, as provided in ORS 19.205.

(3)“Notice of appeal” includes a notice of cross-appeal.

(4)“Record” or “record of the case” means the trial court file and any transcript,narrative statement and exhibits.

(5)“Supersedeas undertaking” means an undertaking on appeal that securesperformance of a judgment being appealed and operates to stay enforcement ofthe judgment pending appeal.

(6)“Transcript” means the transcript of the court reporter’s report as provided inORS 8.340, 8.350 and 8.360 and any transcript of an audio record prepared underORS 19.370.

(7)“Trial court file” means all the original papers filed in the trial courtwhether before or after judgment, including but not limited to the summons andproof of service thereof, pleadings, motions, affidavits, depositions,stipulations, orders, jury instructions, the judgment, the notice of appeal andthe undertaking on appeal.

(8)“Undertaking for costs” means an undertaking on appeal that secures payment ofcosts and disbursements that may be awarded against an appellant on appeal, andany amounts that may be awarded to the respondent under the provisions of ORS19.445.

(9)“Undertaking on appeal” means a promise secured by sureties or by money, bondor any other security described in ORS 22.020. “Undertaking on appeal” includesundertakings for costs and supersedeas undertakings. [1959 c.558 §2; 1985 c.734§2; 1997 c.71 §12; 1997 c.389 §23; 1997 c.801 §124; 1999 c.59 §9; 1999 c.367 §5;2003 c.576 §280]

19.010 [Amended by1973 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 [Formerly13.410; renumbered 19.215 in 1997]

19.015 [Formerly13.400; renumbered 19.225 in 1997]

19.020 [Renumbered19.245 in 1997]

19.023 [Formerly19.030; 1969 c.198 §37; 1973 c.207 §3; 1981 c.177 §1; 1997 c.389 §5; renumbered19.240 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 19.260in 1997]

19.029 [1959 c.558 §5;1971 c.565 §6; 1973 c.207 §5; 1983 c.621 §1; 1985 c.734 §4; renumbered 19.250in 1997]

19.030 [Amended by1959 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; renumbered19.270 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 19.265in 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 by1977 c.416 §6; 1981 c.483 §2; 1985 c.734 §7; 1991 c.331 §4; repealed by 1997c.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 by1983 c.763 §60; 1987 c.852 §7; repealed by 1997 c.71 §20]

19.060 [Amended by1997 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 by1959 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