71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3160
 
                         Senate Bill 709
 
Sponsored by Senator GEORGE; Senator STARR (at the request of
  Kevin Schaumleffle)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that Supreme Court and Court of Appeals prepare full
opinions for all cases decided by those courts.
 
                        A BILL FOR AN ACT
Relating to appellate decisions; creating new provisions; and
  amending ORS 19.435 and 19.450.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 19.435 is amended to read:
  19.435. 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 such cases as it deems
proper - }  { +  for all cases decided by those courts + }. { +
The opinions must provide an explanation of the court's decision,
with appropriate citation to such authority upon which the court
may have relied. + }
  SECTION 2. ORS 19.450 is amended to read:
  19.450. (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 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.
  (b) '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.
  (2) As to appeals from circuit and tax court, 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.
 
  (3) 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 and docketed 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.
  (4) 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 money judgment against the surety in the
amount specified.
  (5) If the appellate judgment terminating an appeal contains a
money judgment against a surety for an undertaking, the trial
court administrator shall enter and docket the judgment against
the surety in like manner and with like effect as if the judgment
was given in the court below.
  (6) Except as provided in ORS 18.350, an appeal shall not
discharge the lien of a judgment and unless the same is reversed,
the lien thereof shall be merged and continue in the affirmed or
modified judgment given on appeal, from the time of the entry and
docketing of the same in the court below. The lien of any
judgment created by recording a certified copy of the judgment or
a lien record abstract shall continue as a lien in the same
manner as the original judgment lien as provided in this
subsection.
  SECTION 3.  { + The amendments to ORS 19.435 and 19.450 by
sections 1 and 2 of this 2001 Act apply to opinions rendered on
or after the effective date of this 2001 Act. + }
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