ORS 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

(1)

Upon an appeal, the court to which the appeal is made may affirm, reverse or modify the judgment or part thereof appealed from as to any or all of the parties joining in the appeal, and may include in such decision any or all of the parties not joining in the appeal, except a codefendant of the appellant against whom a several judgment might have been given in the court below; and may, if necessary and proper, order a new trial.

(2)

Where in the trial court a motion for judgment notwithstanding the verdict and a motion for a new trial were made in the alternative, and an appeal is taken from a judgment notwithstanding the verdict or an order granting a new trial, the court to which the appeal is made may consider the correctness of the ruling of the trial court on either or both motions if such ruling is assigned as erroneous in the brief of any party affected by the appeal, without the necessity of a cross-appeal.

(3)

Whenever it appears that an appeal cannot be prosecuted, by reason of the loss or destruction, through no fault of the appellant, of the reporter’s notes or audio records, or of the exhibits or other matter necessary to the prosecution of the appeal, the judgment appealed from may be reversed and a new trial ordered as justice may require. [Formerly 19.130]

Source: 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, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

A respondent seeking to sustain the judgment is not required to cross-appeal from the judgment in order to preserve for the appellate court’s consideration alleged errors by the trial court, but he must unequivocally make the alleged error an issue on appeal and clearly contend that if the judgment cannot be sustained he is entitled to a new trial or other relief because of the alleged error of the trial court. Artman v. Ray, 263 Or 529, 501 P2d 63 (1972)

When a tort claim against defendant rests only on the doctrine of respondeat superior and defendant’s agent is found not liable at first, the case should be remanded for entry of judgment in favor of defendant. Sisk v. McPartland, 267 Or 116, 515 P2d 179 (1973)

To obtain reversal due to lack of notes, records or exhibits, appellant must show that appellant made every reasonable effort to secure missing item and must make at least prima facie showing of error, of unfairness at trial or that there has been miscarriage of justice. Ethyl Corp. v. Jalbert, 270 Or 651, 529 P2d 368 (1974); Smith v. Custom Micro, Inc., 311 Or 375, 811 P2d 1371 (1991); State v. Dam, 116 Or App 210, 840 P2d 1317 (1992); State ex rel Juvenile Dept. v. Dahl, 158 Or App 479, 974 P2d 783 (1999)

Where defendant appeals conviction for driving under influence of intoxicants and assigns error to trial court’s admission of statements made to police, failure to take judicial notice of certain facts and instruction to jury, trial court did not err in admitting statements that defendant had driven earlier that evening, committed harmless error in failure to take notice that Eskalith comes in various size capsules and since record relating to jury instruction was not preserved, Appeals Court unable to review whether trial court sufficiently apprised jury of grounds for exception. State v. Kennedy, 95 Or App 663, 771 P2d 281 (1989)

Evidence supporting jury decision against judgment n.o.v. was not limited to plaintiff’s case in chief. King v. All Pro Services, Inc., 120 Or App 479, 852 P2d 943 (1993)

19.005
Definitions
19.205
Appealable judgments and orders
19.215
Determining amount in controversy in class action for purposes of appeal
19.225
Appealability of certain orders in class actions
19.235
Jurisdiction for determining whether decision is appealable
19.240
How appeal to Court of Appeals taken
19.245
Who may appeal
19.250
Contents of notice of appeal
19.255
Time for service and filing of notice of appeal
19.260
Filing by mail or delivery
19.265
Payment of filing fee
19.270
Appellate jurisdiction of Supreme Court and Court of Appeals
19.275
Continuing jurisdiction of trial court in certain domestic relations cases
19.300
Undertakings on appeal generally
19.305
Qualifications of sureties
19.310
Waiver, reduction or limitation of undertaking
19.312
Supersedeas undertaking in certain actions against tobacco product manufacturer
19.315
Requirements for use of letter of credit
19.320
Expiration and renewal of letter of credit
19.325
Payment on letter of credit
19.330
Stays generally
19.335
Stay by filing of supersedeas undertaking
19.340
Waiver of supersedeas undertaking
19.345
Enforcement of judgment in contract action notwithstanding appeal
19.350
Discretionary stay by court
19.355
Stay of domestic relations judgment
19.360
Appellate review of trial court orders relating to undertakings and stays
19.365
Preparation and transmission of record generally
19.370
Certification and service of transcript
19.375
Cost of transcript
19.380
Agreed narrative statement
19.385
Audio records
19.390
Bill of exceptions not required
19.395
Time extensions for preparation of record
19.400
Where appeals heard
19.405
Certification of appeal to Supreme Court
19.410
Stipulated dismissals
19.415
Scope of appellate review
19.420
Action by appellate court on appeal
19.425
Review of intermediate orders
19.430
Review of trial court order granting a new trial on court’s own initiative
19.435
Memorandum decisions
19.440
Award of attorney fees authorized by statute
19.445
Damages upon affirmance of judgment
19.450
Appellate judgment
19.500
Service of documents under provisions of chapter
19.510
Powers of successor trial judge with respect to appeals
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