2017 ORS 19.335¹
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]

Notes of Decisions

Judg­ment for “recovery of money” refers to money due for past events or con­duct and does not include support obliga­tion for amounts due in future. McGinley and McGinley, 156 Or App 449, 965 P2d 486 (1998)

Value of use and occupa­tion of prop­erty for purpose of forcible entry and detainer ac­tion is fair market rental value of prop­erty. LIG Invest­ments LLC v. Roach, 215 Or App 210, 170 P3d 561 (2007)

Filing of supersedeas undertaking on ap­peal pursuant to sec­tion tolls 60-day limit on issuance of process to enforce judg­ment for restitu­tion of premises under ORS 105.159 (Computation of time before plaintiff may request writ of execution) (3). Pine Ridge Park v. Fugere, 252 Or App 456, 287 P3d 1268 (2012), Sup Ct review denied

This sec­tion, when read with ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice), allows tenant to remain in pos­ses­sion of prop­erty, despite landlord’s wishes and contrary to forcible entry and detainer judg­ment, in exchange for immediate undertaking to assure pay­ment of value of unwanted use and occupancy of prop­erty during ap­peal regardless of outcome of ap­peal. Willamette Landing Apart­ments v. Burnett, 282 Or App 814, 387 P3d 501 (2016)

Chapter 19

Notes of Decisions

This chapter does not apply to workers’ compensa­tion pro­ceed­ings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff’d 295 Or 448, 667 P2d 529 (1983)

1 Legislative Counsel Committee, CHAPTER 19—Appeals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors019.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 19, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano019.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.