Chapter 294 Oregon Laws 1999
Session Law
AN ACT
HB 2257
Relating to appeals;
creating new provisions; and amending ORS 19.360.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 19.360 is amended to read:
19.360. (1) Any party aggrieved by the trial court's final
order relating to an undertaking on appeal, the trial court's grant or denial of a stay or the terms
and conditions imposed by the trial court on the granting of a stay may seek
review of the trial court's decision by filing a motion in the appellate court
to which the appeal is made. The motion must be filed within 14 days after the
entry of the trial court's order. During the 14-day period after the entry of
the trial court's order, the judgment
shall automatically be stayed unless the trial court orders otherwise. The
trial court may [stay the judgment being
appealed,] impose terms or conditions on the [granting of a] stay or take such other action as may be necessary
to prevent prejudice to the parties.
(2) The appellate court may review the decision of the trial
court under the provisions of this section at any time after the filing of the
notice of appeal. [If the scope of review
by the appellate court is as provided in section 3, Article VII (Amended) of
the Oregon Constitution, the review is limited to determining whether the trial
court abused its discretion. If the appellate court is required to try the
cause anew upon the record,] The appellate court shall review the decision
de novo upon the record.
(3) On de novo review
under subsection (2) of this section, the record shall be restricted to the
record made before the trial court unless:
(a) There is additional
relevant information relating to the period of time following the decision of
the trial court that the appellate court determines to be important to review
of the decision; or
(b) The party submitting new
information establishes that there was good cause for not submitting the
information to the trial court.
[(3)] (4) On review of a trial court's
decision relating to a request for a stay pending appeal, an appellate court
may remand the matter to the trial court for reconsideration, may vacate a stay
granted by the trial court, may grant a stay, and may impose or modify terms
and conditions on a stay. Upon receipt of a request for a stay pending appeal
made to the appellate court in the first instance, the appellate court may
remand the matter to the trial court for consideration in the first instance,
may grant or deny a stay, and may impose terms and conditions on a stay issued
by the appellate court.
SECTION 2. The amendments to ORS 19.360 by section 1
of this 1999 Act apply only to judgments entered on or after the effective date
of this 1999 Act.
Approved by the Governor
June 21, 1999
Filed in the office of
Secretary of State June 22, 1999
Effective date October 23,
1999
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