ORS 19.350
Discretionary stay by court


(1)

A party may seek a stay of judgment pending a decision on appeal in the manner provided by this section only if the judgment may not be stayed under the provisions of ORS 19.335 (Stay by filing of supersedeas undertaking) or 19.340 (Waiver of supersedeas undertaking), or under any other provision of law specifying a procedure or grounds for staying the judgment. A stay of judgment may not be granted under this section if any other provision of law specifies that a stay may not be granted pending a decision on appeal.

(2)

Except as provided in subsection (5) of this section, a party seeking a stay under the provisions of this section must first request a stay from the trial court. The trial court may act on a request for a stay before or after a notice of appeal is filed. The time for filing a notice of appeal is not tolled by the making of a request for a stay under this section or by the trial court’s action on the request.

(3)

The trial court shall consider the following factors in deciding whether to grant a stay under this section, in addition to such other factors as the trial court considers important:

(a)

The likelihood of the appellant prevailing on appeal.

(b)

Whether the appeal is taken in good faith and not for the purpose of delay.

(c)

Whether there is any support in fact or in law for the appeal.

(d)

The nature of the harm to the appellant, to other parties, to other persons and to the public that will likely result from the grant or denial of a stay.

(4)

The trial court has discretion to impose reasonable conditions on the grant of a stay under the provisions of this section. The court may require that a supersedeas undertaking be filed in a specified amount as a condition of granting a stay under the provisions of this section.

(5)

A party may request a stay pending appeal from the appellate court in the first instance, and the appellate court may act on that request without requiring the party to seek a stay from the trial court, if the party establishes that the filing of a request for a stay with the trial court would be futile or that the trial court is unable or unwilling to act on the request within a reasonable time. In considering a request for a stay under this subsection, the appellate court shall consider the factors set out in subsection (3) of this section in addition to any other factors the court considers important. [1997 c.71 §8]

Source: Section 19.350 — Discretionary stay by court, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

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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