72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2949
 
                           A-Engrossed
 
                         House Bill 2761
                  Ordered by the House April 7
            Including House Amendments dated April 7
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
    { - Requires that certain motions and responsive pleadings be
filed within 15 days after service of pleading moved against or
after service of pleading to which responsive pleading is
directed. - }
   { +  Clarifies that notice of appeal must be filed within 30
days after decision on motion for new trial or for judgment
notwithstanding verdict, or 30 days after judgment is entered,
whichever is later. + }
 
                        A BILL FOR AN ACT
Relating to civil procedure; amending ORS 19.255.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 19.255 is amended to read:
  19.255. (1) Except as provided in subsections (2) and (3) of
this section,   { - the - }  { +  a + } notice of appeal
 { - shall - }  { +  must + } be served and filed within 30 days
after the judgment appealed from is entered in the register.
    { - (2) Where any party has served and filed a motion for a
new trial or a motion for judgment notwithstanding the verdict,
the notice of appeal of any party shall be served and filed
within 30 days after the earlier of the following dates: - }
    { - (a) The date that the order disposing of the motion is
entered in the register. - }
    { - (b) The date on which the motion is deemed denied, as
provided in ORCP 63 D or 64 F. - }
   { +  (2) If a motion for a new trial is filed and served
within the time allowed by ORCP 64, or a motion for judgment
notwithstanding the verdict is filed and served within the time
allowed by ORCP 63, a notice of appeal must be served and filed:
  (a) Within 30 days after the order disposing of the motion is
entered in the register, or within 30 days after the motion is
deemed denied under ORCP 63 D or 64 F, whichever is first; or
  (b) Within the time allowed by subsection (1) of this section,
if the period of time provided for in subsection (1) of this
section expires later than the period of time provided for in
paragraph (a) of this subsection. + }
  (3) Any other party who has appeared in the action, suit or
proceeding, desiring to appeal against the appellant or any other
party to the action, suit or proceeding, may serve and file
notice of appeal within 10 days after the expiration of the time
allowed by subsections (1) and (2) of this section. Any party not
an appellant or respondent, but who becomes an adverse party to a
cross appeal, may cross appeal against any party to the appeal by
a written statement in the brief.
  (4) Except as otherwise ordered by the appellate court, when
more than one notice of appeal is filed, the date on which the
last such notice was filed shall be used in determining the time
for preparation of the transcript, filing briefs and other steps
in connection with the appeal.
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