74th OREGON LEGISLATIVE ASSEMBLY--2007 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 702
 
                         House Bill 2368
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon State Bar Procedure and Practice
  Committee)
 
 
                             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.
 
  Provides that after filing of notice of appeal trial court
retains jurisdiction for purpose of deciding motion for judgment
notwithstanding the verdict, motion for new trial or motion for
relief from judgment.
 
                        A BILL FOR AN ACT
Relating to appeals; creating new provisions; and amending ORS
  19.270.
Be It Enacted by the People of the State of Oregon:
  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 United States; and
  (c) Stay enforcement of the appellate judgment pending
disposition of the matter by the Supreme Court of the United
States or for such other time as the Oregon appellate court may
deem appropriate.
  (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. + }
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