Chapter 66
AN ACT
HB 2368
Relating to appeals; creating new provisions; and amending ORS 19.270.
Be It Enacted by the People of
the State of
SECTION 1. ORS 19.270 is amended to read:
19.270. (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 provided in ORS 19.240, 19.250 and 19.255.
The trial court may exercise those powers in connection with the appeal as are
conferred by law, and retains jurisdiction in the matter for the following
purposes:
(a) Deciding requests
for attorney fees, costs and disbursements or expenses pursuant to ORCP 68 or
other provision of law.
(b) Enforcing the
judgment, subject to any stay of the judgment.
(c) Deciding a motion
for judgment notwithstanding the verdict under ORCP 63.
(d) Deciding a motion
for new trial under ORCP 64.
(e) Deciding a motion
for relief from judgment under ORCP 71 B.
(2) The following
requirements of ORS 19.240, 19.250 and 19.255 are jurisdictional and may not be
waived or extended:
(a) Service of the
notice of appeal on all parties identified in the notice of appeal as adverse
parties or, if the notice of appeal does not identify adverse parties, on all
parties who have appeared in the action, suit or proceeding, as provided in ORS
19.240 (2)(a), within the time limits prescribed by
ORS 19.255.
(b) Filing of the
original of the notice of appeal with the Court of Appeals as provided in ORS
19.240 (3), within the time limits prescribed by ORS 19.255.
(3) After the Supreme
Court or the Court of Appeals has acquired jurisdiction of the cause, the
omission of a party to perform any of the acts required in connection with an
appeal, or to perform such acts within the time required, shall be cause for
dismissal of the appeal. In the event of such omission, the court, on motion of
a party or on its own motion may dismiss the appeal. An appeal dismissed on a
party’s motion or on the court’s own motion may be reinstated upon showing of
good cause.
(4) Notwithstanding the
filing of a notice of appeal, the trial court has jurisdiction, with leave of
the appellate court, to enter an appealable judgment if the appellate court
determines that:
(a) At the time of the
filing of the notice of appeal the trial court intended to enter an appealable
judgment; and
(b) The judgment from
which the appeal is taken is defective in form or was entered at a time when
the trial court did not have jurisdiction of the cause under subsection (1) of
this section, or the trial court had not yet entered an appealable judgment.
(5) Notwithstanding the
filing of a notice of appeal, the trial court has jurisdiction:
(a) To enter an order or
supplemental judgment under ORCP 71 or ORS 19.275, 107.105 (4) or 107.452; and
(b) To enter an order or
supplemental judgment for the purpose of implementing a settlement as allowed
by ORS 19.410 (3).
(6) Jurisdiction of the
appellate court over a cause ends when a copy of the appellate judgment is
mailed by the State Court Administrator to the court from which the appeal was
taken pursuant to ORS 19.450, except that the appellate court may:
(a)
Recall the appellate judgment as justice may require;
(b) Stay enforcement of
the appellate judgment to allow the filing of a petition for writ of certiorari
to the Supreme Court of the
(c) Stay enforcement of
the appellate judgment pending disposition of the matter by the Supreme Court
of the
(7) If a limited or
supplemental judgment is appealed, the jurisdiction of the appellate court is
limited to the matters decided by the limited or supplemental judgment, and the
trial court retains jurisdiction over all other matters in the proceeding.
(8) After jurisdiction
of the appellate court ends, all orders which may be necessary to carry the
appellate judgment into effect shall be made by the court from which the appeal
was taken.
SECTION 2. The amendments to ORS 19.270 by section 1 of
this 2007 Act apply only to causes for which a notice of appeal is filed on or
after the effective date of this 2007 Act.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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