2021 Oregon Revised Statutes
Chapter 019 - Appeals
Section 19.360 - Appellate review of trial court orders relating to undertakings and stays.


(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. Notwithstanding ORS 19.415 (3), 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.
(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. [1997 c.71 §9; 1999 c.294 §1; 2009 c.231 §4]

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.