2021 Oregon Revised Statutes
Chapter 019 - Appeals
Section 19.270 - Appellate jurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction to enter appealable judgment or order.


(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 or order 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 or order; and
(b) The judgment or order 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 or order.
(5) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction:
(a) To enter in the trial court register a judgment or order that the trial judge signed before the notice of appeal was filed;
(b) To enter an order or supplemental judgment under ORCP 71 or ORS 19.275, 107.105 (4) or 107.452; and
(c) 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. [Formerly 19.033; 2003 c.576 §86; 2005 c.568 §25c; 2007 c.66 §1; 2013 c.10 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 019 - Appeals

Section 19.005 - Definitions.

Section 19.205 - Appealable judgments and orders.

Section 19.235 - Jurisdiction for determining whether decision is appealable.

Section 19.240 - How appeal to Court of Appeals taken.

Section 19.245 - Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments.

Section 19.250 - Contents of notice of appeal.

Section 19.255 - Time for service and filing of notice of appeal.

Section 19.260 - Filing by mail or delivery.

Section 19.270 - Appellate jurisdiction of Supreme Court and Court of Appeals; trial court jurisdiction to enter appealable judgment or order.

Section 19.275 - Continuing jurisdiction of trial court in certain domestic relations cases.

Section 19.300 - Undertakings on appeal generally; filing and service.

Section 19.305 - Qualifications of sureties; objections.

Section 19.310 - Waiver, reduction or limitation of undertaking.

Section 19.312 - Supersedeas undertaking in certain actions against tobacco product manufacturer.

Section 19.315 - Requirements for use of letter of credit.

Section 19.320 - Expiration and renewal of letter of credit.

Section 19.325 - Payment on letter of credit.

Section 19.335 - Stay by filing of supersedeas undertaking.

Section 19.340 - Waiver of supersedeas undertaking; sale of perishables.

Section 19.350 - Discretionary stay by court.

Section 19.355 - Stay of domestic relations judgment.

Section 19.360 - Appellate review of trial court orders relating to undertakings and stays.

Section 19.365 - Preparation and transmission of record generally.

Section 19.370 - Certification and service of transcript; correction of errors; settlement of transcript.

Section 19.375 - Cost of transcript.

Section 19.405 - Certification of appeal to Supreme Court.

Section 19.410 - Stipulated dismissals; settlement; effect of settlement on pending appeal.

Section 19.415 - Scope of appellate review.

Section 19.420 - Action by appellate court on appeal; review of order granting new trial or judgment notwithstanding verdict; reversal upon loss or destruction of reporter’s notes or audio records.

Section 19.440 - Award of attorney fees authorized by statute.

Section 19.450 - Appellate judgment; when effective; effect of entry in trial court register; effect on judgment lien.