reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.975 - Payment of redemption amount.

(1) Except as provided in ORS 18.980 (2) and (4), unless a certificate holder has indicated a lower redemption amount in the certificate holder’s response under ORS 18.972, a claimant shall pay the sheriff at least the redemption amount specified in the notice on or before the payment date specified in the redemption notice. If the claimant does not make payment as required by this subsection, the redemption notice is of no effect.
(2) The sheriff shall issue to the claimant who makes payment under this section a certificate of redemption on the payment date specified in the redemption notice unless:
(a) Before the payment date specified in the notice, an objection is filed with the sheriff in the manner required by ORS 18.971;
(b) Before the payment date specified in the notice, a response is filed with the sheriff in the manner required by ORS 18.972, and the claimant fails to pay additional amounts claimed in the response on the payment date specified in the notice;
(c) An objection to a response is delivered to the sheriff with the payment in the manner required by ORS 18.973; or
(d) The calculations or other documentation provided to the sheriff appear irregular to the sheriff.
(3) If the calculations or other documentation provided to the sheriff appear irregular to the sheriff, and the claimant objects to the failure of the sheriff to issue a certificate of redemption pursuant to subsection (2)(d) of this section, the sheriff shall give written notice to the court of the objection pursuant to ORS 18.992.
(4) If a claimant pays the sheriff the redemption amount specified in the redemption notice, but the sheriff does not issue a certificate of redemption pursuant to subsection (2) of this section, the sheriff shall give the claimant a receipt for the funds in lieu of a certificate of redemption.
(5) If a response is filed with the sheriff in the manner required by ORS 18.972 before the payment date specified in the notice, and the claimant makes payment as required by subsection (1) of this section but fails to pay additional amounts claimed in the response, the redemption notice is of no effect and the sheriff shall return the payment to the claimant unless:
(a) The claimant objects to the response in the manner provided by ORS 18.973; or
(b) The claimant pays additional amounts claimed in the response, plus interest, in the manner provided by subsection (6) of this section.
(6) If a response is filed with the sheriff in the manner required by ORS 18.972 before the payment date specified in the notice, and the claimant makes payment as required by subsection (1) of this section but fails to pay additional amounts claimed in the response, the sheriff shall issue a certificate of redemption to the claimant dated as of the date that the receipt was issued under subsection (4) of this section if the claimant pays additional amounts claimed in the response, plus interest, within seven days after the date the receipt was issued. [2005 c.542 §44e]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.978 - Court proceedings on objections.

(1) If an objection is filed under ORS 18.971 or 18.973, the sheriff shall transmit to the court administrator copies of all records relating to the sale that are within the sheriff’s possession.
(2) The court shall schedule a hearing on an objection filed under ORS 18.971 or 18.973 as soon as possible.
(3) If a certificate holder files an objection under ORS 18.971, and the court determines that the claimant is eligible to redeem, the court shall direct the sheriff to issue a certificate of redemption to the claimant, dated as of the date that the receipt was issued under ORS 18.975. If the court determines that the claimant is not eligible to redeem, the court shall direct the sheriff to refund all amounts paid by the claimant to the sheriff.
(4) If an objection is filed by a claimant under ORS 18.973, the court shall determine the proper redemption amount. If the court determines that the proper redemption amount is greater than the amount paid under ORS 18.975, the court shall direct the sheriff to issue a certificate of redemption to the claimant upon payment of the additional amounts plus interest within 10 days after entry of the court’s order, dated as of the date that the receipt was issued under ORS 18.975. If the additional amounts and interest are not paid within the time allowed, the redemption is void and the sheriff shall refund to the claimant all amounts paid to the sheriff. If the court determines that the proper redemption amount is less than the amount paid under ORS 18.975, the court shall direct the sheriff to issue a certificate of redemption to the claimant, dated as of the date that the receipt was issued under ORS 18.975, and order a refund to the claimant of the amounts determined by the court to be in excess of the proper redemption amount.
(5) Upon issuance of a certificate of redemption under this section, the sheriff shall deliver to the certificate holder the amount determined to be the proper redemption amount.
(6) If the court determines under subsection (4) of this section that the proper redemption amount is greater than the amount paid under ORS 18.975, and determines that the amount specified in the redemption notice does not represent a good faith attempt to determine the proper redemption amount, the court shall enter judgment against the claimant for all attorney fees incurred by the certificate holder in the proceedings. [2005 c.542 §44f]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.980 - Accounting.

(1) A judgment debtor may require that a certificate holder provide an accounting under this section by including a request for an accounting in the redemption notice. If a redemption notice includes a request for an accounting, the certificate holder shall attach an accounting to the response given under ORS 18.972. The accounting must reflect:
(a) The amount of any taxes the certificate holder has paid on the property, with interest at the rate of nine percent per annum from the date of payment.
(b) Any amounts necessarily expended by the certificate holder to prevent waste, with interest at the rate of nine percent per annum from the date of payment.
(c) Any amounts that the certificate holder has paid on liens superior to the lien of the certificate holder, with interest at the rate of nine percent per annum from the date of payment.
(d) The amount of any assessments paid by the certificate holder to a homeowners association under ORS 94.550 to 94.783, or to an association of unit owners under ORS chapter 100, with interest at the rate of nine percent per annum from the date of payment.
(e) The amount owing on the lien of the certificate holder, if the certificate holder is a redemptioner.
(f) The net proceeds of rents, income or profits from the property by the certificate holder while the certificate holder has been in possession of the property.
(2) If a redemption notice includes a request for an accounting and the certificate holder fails to respond as required by ORS 18.972, the time for paying the redemption amount is automatically extended to 30 days after the redemption date specified in the redemption notice or until the time specified by subsection (4) of this section if a claimant files a motion under subsection (3) of this section.
(3) If a redemption notice includes a request for an accounting, and the certificate holder fails to respond as required by ORS 18.972, the claimant may file a motion with the court requesting an order requiring the certificate holder to show cause why the certificate holder should not be held in contempt. A motion under this subsection must be made not more than 28 days after the redemption notice is served on the certificate holder. The claimant must deliver a copy of the motion to the sheriff.
(4) If a motion is filed under subsection (3) of this section:
(a) The time for redemption of the property is automatically extended to 30 days after the accounting is provided by the certificate holder; and
(b) The time for paying the redemption amount is automatically extended to 30 days after the accounting is provided by the certificate holder. [2005 c.542 §45; 2015 c.120 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.981 - Manner of payment.

(1) Except as provided in this section, a sheriff shall accept as payment from a claimant a cashier’s check or cash. Except as provided in this section, a sheriff shall accept any combination of cashier’s checks or cash that is adequate to pay the redemption amount.
(2) A sheriff shall accept a cashier’s check as payment only if the cashier’s check is made payable to the sheriff and is drawn on a financial institution that is authorized to do business under the laws of Oregon or the United States. If any part of the redemption amount is paid with a cashier’s check, the sheriff shall give the purchaser a receipt for the funds in lieu of a certificate of redemption under ORS 18.975.
(3) If any part of the redemption amount is paid with a cashier’s check, the sheriff shall deposit the check in a financial institution not later than the end of the first business day after the day on which the check is received. The check must be deposited in a separate account.
(4) If the sheriff receives verification from a financial institution within 15 days after the date of the redemption that all cashier’s checks delivered to the sheriff for the redemption have received final settlement, and the sheriff is required to give a certificate of redemption under ORS 18.975, the sheriff shall mail to the claimant by first class mail a certificate of redemption and deliver to the certificate holder all amounts paid to the sheriff. If the sheriff is not required to give a certificate of redemption under ORS 18.975, the sheriff shall give the person tendering the amounts a receipt for the funds in lieu of a certificate of redemption, and shall deliver a certificate of redemption and the amounts paid to the sheriff only as provided in ORS 18.978 after a final decision by the court.
(5) If the sheriff does not receive verification from a financial institution within 15 days after the checks are deposited that all cashier’s checks delivered to the sheriff have received final settlement, the redemption is void and the sheriff shall return to the claimant any cash tendered by the claimant and any amounts received for cashier’s checks for which final settlement was received, less any bank charges incurred for cashier’s checks and any other amount allowed by law.
(6) As used in this section:
(a) "Cashier’s check" has the meaning given that term in ORS 73.0104.
(b) "Financial institution" has the meaning given that term in ORS 706.008. [2005 c.542 §46]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.982 - Redemptioner must provide sheriff with address.

A redemptioner must provide the sheriff with an address to which a redemption notice may be sent and must notify the sheriff of any change in address until the redemptioner transfers the redemptioner’s interest in the property, the property is redeemed or the expiration of the time allowed for another redemption, whichever occurs first. Any person who acquires the redemptioner’s interest in the property must notify the sheriff of the transfer, provide the sheriff with an address to which a redemption notice may be sent, and notify the sheriff of any change in address until there is a another transfer, the property is redeemed or the expiration of the time allowed for another redemption, whichever occurs first. [2005 c.542 §46a]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.983 - Court may restrain waste.

Upon motion of a claimant, or a certificate holder who is not in possession of the property, the court may restrain waste of the real property sold at an execution sale. A person in possession of the real property does not commit waste of the property by continuing to use the property in the same manner in which the property was used before the execution sale, by engaging in the ordinary course of husbandry on the property or by making necessary repairs to buildings. [2005 c.542 §47]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.985 - Sheriff’s deed.

(1) Unless the property is redeemed by the judgment debtor, upon request of the certificate holder and payment of the fee required by ORS 21.300 (1)(c), the sheriff shall execute and deliver a deed for real property sold at an execution sale. The deed shall convey the property to the certificate holder. The deed shall be delivered to the certificate holder as soon as possible.
(2) Notwithstanding subsection (1) of this section, the court may direct the sheriff to execute a deed to a certificate holder before the expiration of the time allowed for redemption if the certificate holder establishes that the certificate holder has acquired the rights of all persons entitled to redeem. [2005 c.542 §48]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.986 - Manufactured dwellings and floating homes.

(1) Except as provided in subsection (2) of this section, a manufactured dwelling or floating home must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993 if the real property upon which the manufactured dwelling or floating home is located is to be sold at the execution sale.
(2) A manufactured dwelling or floating home that is held as inventory for sale or lease in the normal course of business must be levied on and sold in the same manner as provided for tangible personal property under ORS 18.860 to 18.993.
(3) If the real property upon which a manufactured dwelling or floating home is located is not to be sold at the execution sale, and the manufactured dwelling or floating home is not held as inventory for sale or lease in the normal course of business, the manufactured dwelling or floating home must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993 except that:
(a) The legal description required by ORS 18.875 (1)(e) need not be included in the instructions to the sheriff; and
(b) The sheriff shall give the purchaser of a manufactured dwelling or floating home a bill of sale under ORS 18.940 and not a certificate of sale under ORS 18.942.
(4) For the purposes of this section:
(a) "Floating home" has the meaning given that term in ORS 830.700.
(b) "Manufactured dwelling" has the meaning given that term in ORS 446.003. [2005 c.542 §49]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.987 - Purchaser’s interest in land sale contract; leasehold interest in land with unexpired term of more than two years.

(1) Except as provided in this section, a purchaser’s interest in a land sale contract, as defined by ORS 18.960, or a leasehold interest in land with an unexpired term of more than two years must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993.
(2) The legal description required by ORS 18.875 (1)(e) in instructions to a sheriff directing the sale of a purchaser’s interest in a land sale contract, as defined by ORS 18.960, or the sale of a leasehold interest in land with an unexpired term of more than two years must be of the property sold under the land sale contract, or of the real property subject to the lease.
(3) There is no right of redemption if a purchaser’s interest in a land sale contract, as defined by ORS 18.960, is sold at an execution sale pursuant to a judgment enforcing the seller’s rights under the contract and if the judgment directing the sale of the purchaser’s interest indicates that the purchaser’s interest is sold without redemption rights. [2005 c.542 §50]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.988 - Seller’s right to receive payments under land sale contract.

(1) Except as provided by this section, the right of a seller to receive payments under a land sale contract, as defined by ORS 18.960:
(a) May not be sold pursuant to a writ of garnishment;
(b) May be sold only under a writ of execution in conjunction with a sale of the seller’s interest in the real property; and
(c) Must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993.
(2) This section does not affect the ability of a judgment creditor to garnish payments owed to a seller under a land sale contract, as defined by ORS 18.960, that are due when the writ of garnishment is delivered or within 45 days after the writ of garnishment is delivered, as provided by ORS 18.685 (5). [2005 c.542 §51]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.989 - Equitable interests in property.

(1) Except as provided in subsection (3) of this section, an equitable interest in property may be sold pursuant to a writ of execution only if:
(a) An order or judgment specifically authorizes the sale of the equitable interest; and
(b) The writ of execution specifically directs the sale of the equitable interest.
(2) If a writ of execution specifically directs the sale of the equitable interest in property, the judgment creditor must submit a copy of the order or judgment authorizing the sale with the instructions to the sheriff required by ORS 18.875.
(3) If a writ of execution specifically directs the sale of the equitable interest in real property, the equitable interest shall be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993.
(4) A purchaser’s interest in a land sale contract, as defined by ORS 18.960, or a leasehold interest in land with an unexpired term of more than two years, may be sold pursuant to a writ of execution even though the sale is not specifically authorized by an order or judgment and the writ does not specifically direct the sale of the interest. [2005 c.542 §52]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.992 - Referral of disputes to court.

If at any time a judgment debtor, judgment creditor, purchaser or lien claimant objects to the performance by a sheriff of any duty imposed on the sheriff under ORS 18.860 to 18.993, the sheriff may give written notice of the objection to the court and request that the court resolve the dispute. If written notice is given to the court under this section, the court shall resolve the dispute and provide such additional instructions to the sheriff as may be necessary. [2005 c.542 §53]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.993 - Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure.

Nothing in ORS 18.860 to 18.993 affects the ability of a court to direct seizure of property under ORS 18.268 (2). [2005 c.542 §54]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.005 - Definitions.

As used in this chapter:
(1) "Exhibits" means exhibits offered and received or rejected in the trial court.
(2) "Judgment" means a judgment or appealable order, as provided in ORS 19.205.
(3) "Notice of appeal" includes a notice of cross-appeal.
(4) "Record" or "record of the case" means the trial court file and any transcript, narrative statement and exhibits.
(5) "Supersedeas undertaking" means an undertaking on appeal that secures performance of a judgment being appealed and operates to stay enforcement of the judgment pending appeal.
(6) "Transcript" means the transcript of the court reporter’s report as provided in ORS 8.340, 8.350 and 8.360 and any transcript of an audio record prepared under ORS 19.370.
(7) "Trial court file" means all the original papers filed in the trial court whether before or after judgment, including but not limited to the summons and proof of service thereof, pleadings, motions, affidavits, depositions, stipulations, orders, jury instructions, the judgment, the notice of appeal and the undertaking on appeal.
(8) "Undertaking for costs" means an undertaking on appeal that secures payment of costs and disbursements that may be awarded against an appellant on appeal, and any amounts that may be awarded to the respondent under the provisions of ORS 19.445.
(9) "Undertaking on appeal" means a promise secured by sureties or by money, bond or any other security described in ORS 22.020. "Undertaking on appeal" includes undertakings for costs and supersedeas undertakings. [1959 c.558 §2; 1985 c.734 §2; 1997 c.71 §12; 1997 c.389 §23; 1997 c.801 §124; 1999 c.59 §9; 1999 c.367 §5; 2003 c.576 §280]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.010

[Amended by 1973 c.197 §1; 1977 c.208 §4; 1979 c.562 §3; 1981 c.898 §18; 1997 c.389 §24; renumbered 19.205 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.023

[Formerly 19.030; 1969 c.198 §37; 1973 c.207 §3; 1981 c.177 §1; 1997 c.389 §5; renumbered 19.240 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.028

[1979 c.297 §1; 1985 c.734 §3; 1987 c.852 §6; 1989 c.768 §12; 1997 c.389 §6; renumbered 19.260 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.029

[1959 c.558 §5; 1971 c.565 §6; 1973 c.207 §5; 1983 c.621 §1; 1985 c.734 §4; renumbered 19.250 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.033

[1959 c.558 §6; 1969 c.198 §38; 1971 c.565 §7; 1983 c.673 §22; 1983 c.740 §4; 1985 c.734 §5; 1989 c.195 §1; 1995 c.800 §11; 1997 c.71 §14; 1997 c.389 §20; 1997 c.801 §90; renumbered 19.270 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.035

[1959 c.558 §7; 1963 c.27 §1; 1969 c.198 §39; 1971 c.193 §19; 1983 c.774 §6; renumbered 19.265 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.078

[1959 c.558 §12; 1971 c.193 §21; 1971 c.565 §11; 1981 c.51 §1; 1989 c.1053 §9; 1995 c.273 §7; 1997 c.801 §126; renumbered 19.370 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.190

[1959 c.558 §26 (enacted in lieu of 19.150); 1969 c.198 §49; 1981 c.178 §1; 1985 c.540 §27; 1985 c.734 §12; 1987 c.586 §11; 1997 c.71 §16; renumbered 19.450 in 1997]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.205 - Appealable judgments and orders.

(1) Unless otherwise provided by law, a limited judgment, general judgment or supplemental judgment, as those terms are defined by ORS 18.005, may be appealed as provided in this chapter. A judgment corrected under ORCP 71 may be appealed only as provided in ORS 18.107 and 18.112.
(2) An order in an action that affects a substantial right, and that effectively determines the action so as to prevent a judgment in the action, may be appealed in the same manner as provided in this chapter for judgments.
(3) An order that is made in the action after a general judgment is entered and that affects a substantial right, including an order granting a new trial, may be appealed in the same manner as provided in this chapter for judgments.
(4) No appeal to the Court of Appeals shall be taken or allowed in any action for the recovery of money or damages only unless it appears from the pleadings that the amount in controversy exceeds $250.
(5) An appeal may be taken from the circuit court in any special statutory proceeding under the same conditions, in the same manner and with like effect as from a judgment or order entered in an action, unless appeal is expressly prohibited by the law authorizing the special statutory proceeding.
(6) Nothing in ORS chapter 18 affects the authority of an appellate court to dismiss an appeal or to remand a proceeding to the trial court under ORS 19.270 (4) based on the appellate court’s determination that the appeal has not been taken from an appealable judgment or order. [Formerly 19.010; 2003 c.576 §85]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.215 - Determining amount in controversy in class action for purposes of appeal.

The aggregate amount of the claims of all potential class members in a class action under ORCP 32 shall determine whether the amount in controversy is sufficient to satisfy the provisions of ORS 19.205 (4) for the purposes of any appeal to the Court of Appeals. [Formerly 19.013; 2003 c.576 §573]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.225 - Appealability of certain orders in class actions.

When a circuit court judge, in making in a class action under ORCP 32 an order not otherwise appealable, is of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, the judge shall so state in writing in such order. The Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from such order to the Court of Appeals if application is made to the court within 10 days after the entry of the order. Application for such an appeal shall not stay proceedings in the circuit court unless the circuit court judge or the Court of Appeals or a judge thereof shall so order. [Formerly 19.015]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.240 - How appeal to Court of Appeals taken.

(1) An appeal to the Court of Appeals shall be taken in the manner prescribed in this chapter.
(2) The appeal shall be taken by causing a notice of appeal, in the form prescribed by ORS 19.250, to be served:
(a) On all parties who have appeared in the action, suit or proceeding;
(b) On the trial court administrator; and
(c) On the trial court transcript coordinator if a transcript is designated in connection with the appeal.
(3) The original of the notice with proof of service indorsed thereon or affixed thereto shall be filed with the Court of Appeals. [Formerly 19.023; 1999 c.367 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.245 - Who may appeal; appeal of default judgments and judgments taken by confession; appeal of stipulated judgments.

(1) Except as provided in subsections (2) and (3) of this section, any party to a judgment may appeal from the judgment.
(2) A party to a judgment given by confession or for want of an answer may not appeal from the judgment except as follows:
(a) A plaintiff, third party plaintiff or a party who pleaded a cross-claim or counterclaim may appeal from the judgment if the judgment is not in accord with the relief demanded in the complaint.
(b) A defendant may appeal from the judgment if the trial court has entered a default judgment against the defendant as a sanction or has denied a motion to set aside a default order or judgment.
(c) A defendant may appeal from the judgment if it is void.
(3) A party to a stipulated judgment may appeal from the judgment only if:
(a) The judgment specifically provides that the party has reserved the right to appellate review of a ruling of the trial court in the cause; and
(b) The appeal presents a justiciable controversy. [Formerly 19.020; 1999 c.367 §1; 2001 c.541 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.255 - Time for service and filing of notice of appeal.

(1) Except as provided in this section, a notice of appeal must be served and filed within 30 days after the judgment appealed from is entered in the register.
(2) If a motion for a new trial is filed and served within the time allowed by ORCP 64, or a motion for judgment notwithstanding the verdict is filed and served within the time allowed by ORCP 63, a notice of appeal must be served and filed:
(a) Within 30 days after the order disposing of the motion is entered in the register, or within 30 days after the motion is deemed denied under ORCP 63 D or 64 F, whichever is first; or
(b) Within the time allowed by subsection (1) of this section, if the period of time provided for in subsection (1) of this section expires later than the period of time provided for in paragraph (a) of this subsection.
(3) Any other party who has appeared in the action, suit or proceeding, desiring to appeal against the appellant or any other party to the action, suit or proceeding, may serve and file notice of appeal within 10 days after the expiration of the time allowed by subsections (1) and (2) of this section. Any party not an appellant or respondent, but who becomes an adverse party to a cross appeal, may cross appeal against any party to the appeal by a written statement in the brief.
(4)(a) Upon the motion of a person determined to be a person with mental illness as provided in ORS 426.130, or determined to be an extremely dangerous person with mental illness under ORS 426.701 or 426.702, the Court of Appeals shall grant the person leave to file a notice of appeal of the determination after the time limits described in subsections (1) to (3) of this section if:
(A) The person, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the person personally; and
(B) The person shows a colorable claim of error in the proceeding from which the appeal is taken.
(b) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section must be filed within 90 days after entry of the order being appealed.
(5) Except as otherwise ordered by the appellate court, when more than one notice of appeal is filed, the date on which the last such notice was filed shall be used in determining the time for preparation of the transcript, filing briefs and other steps in connection with the appeal. [Formerly 19.026; 2003 c.281 §1; 2019 c.400 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.265 - Payment of filing fee.

At the time the notice of appeal is filed as provided in ORS 19.240, the appellant shall deposit with the State Court Administrator the amount of the appropriate filing fee. The timely deposit of such fee is not jurisdictional, but omission to do so shall be cause for dismissal of the appeal, subject to the provisions of ORS 19.270 (3). [Formerly 19.035]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.275 - Continuing jurisdiction of trial court in certain domestic relations cases.

(1) Any motion that requires a showing of a change of circumstances before the court may modify a judgment, including a motion to reconsider the spousal or child support provisions of a judgment pursuant to ORS 107.135, may be filed with the trial court while an appeal from the judgment is pending before an appellate court. The filing of a motion under this subsection does not affect the right of the appellant to pursue the appeal of the judgment.
(2) The trial court in its discretion may proceed to hear and decide a motion under this section or may hold the motion in abeyance pending disposition of the appeal.
(3) Pursuant to the provisions of ORS 19.205, the court’s decision on a motion under this section is a supplemental judgment. The appellate court in its discretion may consolidate an appeal from a supplemental judgment under this section with the pending appeal of the general judgment in the case, may direct that both appeals be heard at the same time or may allow the appeals to proceed independently. [1997 c.71 §11; 2003 c.576 §87; 2005 c.568 §26]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.300 - Undertakings on appeal generally; filing and service.

(1) An appellant must serve and file an undertaking for costs within 14 days after the filing of a notice of appeal. Unless the undertaking is waived, reduced or limited under ORS 19.310, an undertaking for costs must be in the amount of $500.
(2) A supersedeas undertaking may be served and filed by an appellant at any time while a case is pending on appeal.
(3) The original of an undertaking on appeal, with proof of service, must be filed with the trial court administrator. A copy of the undertaking must be served on each adverse party on appeal in the manner prescribed by ORCP 9 B. [1997 c.71 §2; 1999 c.367 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.305 - Qualifications of sureties; objections.

(1) Undertakings on appeal are subject to the provisions of ORS 22.020 to 22.070.
(2) A surety for an undertaking on appeal must be qualified as provided in ORCP 82. The amount of liability assumed by a surety or letter of credit issuer must be stated in the undertaking. The liability of a surety or letter of credit issuer is limited to the amount specified in the undertaking.
(3) Objections to the sufficiency of an undertaking on appeal, including the objections to the amount of the undertaking and to the sufficiency of the security for the undertaking, must be filed in and determined by the trial court in the manner provided by ORCP 82. Notwithstanding ORCP 82 F, objections to the undertaking must be filed within 14 days after the date on which a copy of the undertaking is served on the party who objects to the undertaking. [1997 c.71 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.310 - Waiver, reduction or limitation of undertaking.

(1) By written stipulation of the parties, an undertaking on appeal may be waived, reduced or limited. The stipulation must be filed with the trial court administrator within 14 days after the filing of the notice of appeal. Unless disapproved or modified by the trial court, the stipulation has the effect specified by the terms of the stipulation.
(2) The trial court may waive, reduce or limit an undertaking on appeal upon a showing of good cause, including indigence, and on such terms as are just and equitable. [1997 c.71 §4; 1999 c.367 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.312 - Supersedeas undertaking in certain actions against tobacco product manufacturer.

(1) The provisions of this section apply only to civil actions against a tobacco product manufacturer as defined in ORS 323.800, or against an affiliate or successor of a tobacco product manufacturer, in which:
(a) The tobacco product manufacturer is subject to the requirements of ORS 323.806; and
(b) The state is not a plaintiff.
(2) In any civil action described in subsection (1) of this section, the supersedeas undertaking required of the tobacco product manufacturer, or of an affiliate or successor of the tobacco product manufacturer, as a condition of a stay of judgment throughout all appeals or discretionary appellate review, shall be established in the manner provided by the laws and court rules of this state applicable to supersedeas undertakings, but the amount of the supersedeas undertaking may not exceed $150 million.
(3) If at any time after the posting of the supersedeas undertaking pursuant to the provisions of this section the court determines that a tobacco product manufacturer, affiliate or successor, outside of the ordinary course of its business, is purposely dissipating or diverting assets for the purpose of avoiding payment on final judgment in the action, the court may condition continuance of the stay on an order requiring that the tobacco product manufacturer, affiliate or successor post a supersedeas undertaking in an amount up to the full amount of the judgment.
(4) The provisions of this section apply to any supersedeas undertaking required for a judgment entered by a court of this state and to any security required as a condition of staying enforcement of a foreign judgment under the provisions of ORS 24.135 (2). [2003 c.804 §87; 2005 c.22 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.315 - Requirements for use of letter of credit.

(1) Except as provided in subsection (4) of this section, an irrevocable letter of credit filed in support of an undertaking on appeal must contain:
(a) The name and address of the issuing bank, the date of issuance and the limit of the bank’s liability under the letter of credit.
(b) The name of the court that entered the judgment being appealed and the title and file number of the case for which the judgment was entered.
(c) The name and address of the party who is filing the undertaking or, if the party is represented by an attorney, the name and address of the attorney.
(d) The name and address of the beneficiary or, if the beneficiary is represented by an attorney, the name and address of the attorney for the beneficiary.
(e) A statement that the issuing bank will pay to the beneficiary, up to the limit stated in the letter of credit, the amount of any drafts submitted to the issuing bank under ORS 19.325.
(2) An irrevocable letter of credit filed in support of an undertaking on appeal may be issued only by an insured institution, as defined in ORS 706.008, that has an office or other facility in this state or that has a registered agent in this state.
(3) A letter of credit under this section may contain an expiration date. Any letter of credit containing an expiration date must comply with ORS 19.320.
(4) A party filing a letter of credit in support of an undertaking on appeal and the party for whose benefit an undertaking is filed may by agreement waive any of the requirements of subsection (1) of this section. [1997 c.172 §2; 1999 c.59 §10]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.320 - Expiration and renewal of letter of credit.

(1) If a letter of credit issued under ORS 19.315 contains an expiration date, the letter of credit must also state an automatic renewal period and contain a statement that the issuing bank will automatically renew the letter of credit on the expiration date and at the end of each automatic renewal period thereafter unless the bank has elected not to renew the letter in the manner provided by subsection (2) of this section.
(2) A bank that issues a letter of credit may elect not to renew a letter of credit by giving written notice to the following persons:
(a) To the party that files the letter of credit, at the address stated in the letter of credit, or, if the attorney for the party is named in the letter of credit, to the attorney at the address stated in the letter of credit.
(b) To the beneficiary, at the address stated in the letter of credit, or, if the attorney for the beneficiary is named in the letter, to the attorney at the address stated in the letter of credit.
(3) Notice of nonrenewal under subsection (2) of this section must be given by certified mail. The notice must be mailed at least 60 days before the expiration date reflected on the letter of credit or 60 days before the end of any subsequent automatic renewal period.
(4) If an issuing bank has given notice of nonrenewal under the provisions of this section, the bank must pay to the trial court administrator who is holding the letter of credit the amount stated in the letter of credit as the limit of the bank’s liability unless the beneficiary gives written notice to the bank that the letter of credit has been released. A beneficiary shall promptly notify the issuing bank in writing if the court has entered an order releasing the letter of credit.
(5) Any amount paid by an issuing bank to a trial court administrator under subsection (4) of this section shall be treated as a deposit of money under ORS 22.020. Any amount that is not paid out to the beneficiary pursuant to the appellate judgment shall be refunded to the bank making the deposit. [1997 c.172 §3; 1999 c.367 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.325 - Payment on letter of credit.

(1) If an appellate judgment entitles a beneficiary to payment from the issuing bank of a letter of credit, the appellate judgment must direct the trial court administrator to release the letter of credit to the beneficiary. Upon issuance of the appellate judgment, the beneficiary may enforce the letter of credit by submitting a draft to the issuing bank in accordance with the terms of the letter of credit. The amount of the draft must include all amounts determined necessary to cover the interest that will accrue until the date that disbursement will be made to the beneficiary.
(2) Except as provided in this section, a draft submitted by a beneficiary under this section need not be in any particular form. The draft must be dated, must be for a specific sum of money and must contain the following language:
______________________________________________________________________________
Pay to the order of the undersigned beneficiary the amount of this draft. The undersigned beneficiary hereby certifies that there is now an appellate judgment in this case pursuant to which the amount of the draft stated above is now due and owing to the beneficiary from the party on whose behalf the letter of credit was issued.
______________________________________________________________________________
(3) In addition to the requirements of subsection (2) of this section, the following items must be attached to a draft submitted by a beneficiary under this section:
(a) The original letter of credit under which the draft is drawn.
(b) A copy of the appellate judgment certified by the State Court Administrator that shows the amount that the beneficiary is entitled to recover under the letter of credit.
(4) If the issuing bank of a letter of credit does not honor a letter of credit, on motion of the beneficiary the trial court shall enter judgment against the issuing bank unless the bank establishes that the bank is not required under the law to honor the letter of credit. [1997 c.172 §4; 1999 c.367 §10]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.330 - Stays generally.

The filing of a notice of appeal does not automatically stay the judgment that is the subject of the appeal. A party may seek to stay a judgment in the manner provided by ORS 19.335, 19.340 or 19.350, or as provided by other law. [1997 c.71 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.335 - Stay by filing of supersedeas undertaking.

(1) If a judgment is for the recovery of money, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will pay the judgment to the extent that the judgment is affirmed on appeal.
(2) If a judgment requires the transfer or delivery of possession of real property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will not commit waste or allow waste to be committed on the real property while the appellant possesses the property, and the appellant will pay the value of the use and occupation of the property for the period of possession if the judgment is affirmed. The value of the use and occupation during the period of possession must be stated in the undertaking.
(3)(a) If a judgment requires the transfer or delivery of possession of personal property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will obey the judgment of the appellate court, and that if the appellant does not obey the judgment, the appellant will pay an amount determined by the trial court and stated in the undertaking.
(b) If a judgment requires the transfer or delivery of possession of personal property, the judgment is stayed without the filing of a supersedeas undertaking if the appellant transfers or delivers the personal property to the court or places the property in the custody of an officer or receiver appointed by the trial court.
(4) If a judgment requires the foreclosure of a mortgage, lien or other encumbrance, and also requires payment of the debt secured by the mortgage, lien or other encumbrance, a supersedeas undertaking acts to stay that portion of the judgment that requires payment of the debt if the undertaking provides that the appellant will pay any portion of the judgment remaining unsatisfied after the sale of the property subject to the mortgage, lien or other encumbrance. The amount of the undertaking must be stated in the undertaking. The requirements of this subsection are in addition to any provisions in a supersedeas undertaking that may be required under subsection (2) or (3) of this section to stay delivery or transfer of property.
(5) If a judgment requires the execution of a conveyance or other instrument, the judgment is stayed without the filing of a supersedeas undertaking if the appellant executes the instrument and deposits the instrument with the trial court administrator. Unless otherwise directed by the appellate court, the instrument must be held by the trial court administrator until issuance of the appellate judgment terminating the appeal.
(6) Except as provided in ORCP 72, a stay of judgment described in this section takes effect only after the party has filed a notice of appeal and filed any supersedeas undertaking required for the stay. [1997 c.71 §6; 1999 c.367 §11; 2007 c.547 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.340 - Waiver of supersedeas undertaking; sale of perishables.

(1) The trial court, in its discretion, may stay a judgment without requiring a supersedeas undertaking, or reduce the amount of the supersedeas undertaking required of the appellant, if the appellant is an executor, administrator, trustee or other person acting on behalf of another.
(2) If a judgment that has been stayed requires the sale of perishable property, or if perishable property has been seized to satisfy or secure a judgment that has been stayed, the trial court may order that perishable property be sold and the proceeds of the sale deposited or invested until issuance of the appellate judgment terminating the appeal. [1997 c.71 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 019 - Appeals › Section 19.345 - Enforcement of judgment in contract action notwithstanding appeal.

If the judgment has been given in an action or suit upon a contract, notwithstanding an appeal and supersedeas undertaking, the respondent may proceed to enforce such judgment, if within 10 days from the time the appeal is perfected the respondent files with the trial court administrator an undertaking to the effect that if the judgment is reversed or modified the respondent will make such restitution as the appellate court may direct. Such undertaking may be excepted to by the appellant in like manner and with like effect as the undertaking of an appellant, and the sureties therein shall have the same qualifications. [Formerly 19.060; 1999 c.367 §12; 2003 c.576 §281]