ORS 19.270¹
Appellate jurisdiction of Supreme Court and Court of Appeals
  • trial court jurisdiction to enter appealable judgment

(1) The Supreme Court or the Court of Appeals has jurisdiction of the cause when the notice of appeal has been served and filed as provided in ORS 19.240 (How appeal to Court of Appeals taken), 19.250 (Contents of notice of appeal) and 19.255 (Time for service and filing of notice of appeal). The trial court may exercise those powers in connection with the appeal as are conferred by law, and retains jurisdiction in the matter for the following purposes:

(a) Deciding requests for attorney fees, costs and disbursements or expenses pursuant to ORCP 68 or other provision of law.

(b) Enforcing the judgment, subject to any stay of the judgment.

(c) Deciding a motion for judgment notwithstanding the verdict under ORCP 63.

(d) Deciding a motion for new trial under ORCP 64.

(e) Deciding a motion for relief from judgment under ORCP 71 B.

(2) The following requirements of ORS 19.240 (How appeal to Court of Appeals taken), 19.250 (Contents of notice of appeal) and 19.255 (Time for service and filing of notice of appeal) are jurisdictional and may not be waived or extended:

(a) Service of the notice of appeal on all parties identified in the notice of appeal as adverse parties or, if the notice of appeal does not identify adverse parties, on all parties who have appeared in the action, suit or proceeding, as provided in ORS 19.240 (How appeal to Court of Appeals taken) (2)(a), within the time limits prescribed by ORS 19.255 (Time for service and filing of notice of appeal).

(b) Filing of the original of the notice of appeal with the Court of Appeals as provided in ORS 19.240 (How appeal to Court of Appeals taken) (3), within the time limits prescribed by ORS 19.255 (Time for service and filing of notice of appeal).

(3) After the Supreme Court or the Court of Appeals has acquired jurisdiction of the cause, the omission of a party to perform any of the acts required in connection with an appeal, or to perform such acts within the time required, shall be cause for dismissal of the appeal. In the event of such omission, the court, on motion of a party or on its own motion may dismiss the appeal. An appeal dismissed on a party’s motion or on the court’s own motion may be reinstated upon showing of good cause.

(4) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction, with leave of the appellate court, to enter an appealable judgment if the appellate court determines that:

(a) At the time of the filing of the notice of appeal the trial court intended to enter an appealable judgment; and

(b) The judgment from which the appeal is taken is defective in form or was entered at a time when the trial court did not have jurisdiction of the cause under subsection (1) of this section, or the trial court had not yet entered an appealable judgment.

(5) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction:

(a) To enter an order or supplemental judgment under ORCP 71 or ORS 19.275 (Continuing jurisdiction of trial court in certain domestic relations cases), 107.105 (Provisions of judgment) (4) or 107.452 (Reopening case if assets discovered after entry of judgment); and

(b) To enter an order or supplemental judgment for the purpose of implementing a settlement as allowed by ORS 19.410 (Stipulated dismissals) (3).

(6) Jurisdiction of the appellate court over a cause ends when a copy of the appellate judgment is mailed by the State Court Administrator to the court from which the appeal was taken pursuant to ORS 19.450 (Appellate judgment), except that the appellate court may:

(a) Recall the appellate judgment as justice may require;

(b) Stay enforcement of the appellate judgment to allow the filing of a petition for writ of certiorari to the Supreme Court of the United States; and

(c) Stay enforcement of the appellate judgment pending disposition of the matter by the Supreme Court of the United States or for such other time as the Oregon appellate court may deem appropriate.

(7) If a limited or supplemental judgment is appealed, the jurisdiction of the appellate court is limited to the matters decided by the limited or supplemental judgment, and the trial court retains jurisdiction over all other matters in the proceeding.

(8) After jurisdiction of the appellate court ends, all orders which may be necessary to carry the appellate judgment into effect shall be made by the court from which the appeal was taken. [Formerly 19.033; 2003 c.576 §86; 2005 c.568 §25c; 2007 c.66 §1]

Note: Section 2, chapter 66, Oregon Laws 2007, provides:

Sec. 2. The amendments to ORS 19.270 (Appellate jurisdiction of Supreme Court and Court of Appeals) by section 1 of this 2007 Act apply only to causes for which a notice of appeal is filed on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.66 §2]

Notes of Decisions

It is consistent with the 1959 revision to hold that when notice of ap­peal, in any form, is served and filed, the appellate court has jurisdic­tion. Pohrman v. Klamath Co. Comm. 272 Or 390, 538 P2d 70 (1975). But see Stahl v. Krasowski, 281 Or 33, 573 P2d 309 (1978)

Failure to properly describe trial court ac­tion being ap­pealed from is jurisdic­tional defect requiring dismissal. Stahl v. Krasowski, 281 Or 33, 573 P2d 309 (1978)

An award of attorney fees by supple­mental decree is not among powers which trial court may exercise after notice of ap­peal has been filed. Bank of Oregon v. Hiway Products Inc., 41 Or App 223, 598 P2d 318 (1979)

Trial court has no authority to set aside one judg­ment and enter an­oth­er for sole purpose of extending time to ap­peal. Far West Landscaping v. Modern Merchandising, 287 Or 653, 601 P2d 1237 (1979)

Where court reporter had statutory duty to produce transcript within 30 days, only Court of Appeals had authority, under this sec­tion, to determine when performance of that duty could be excused due to extraneous circumstances. In the Matter of Virginia Hanks, 44 Or App 521, 606 P2d 1151 (1980), aff'd 290 Or 451, 623 P2d 623 (1981)

Court of Appeals had jurisdic­tion to hear ap­peal where notice of ap­peal de­scribed non-ap­pealable order, but also referred to a judg­ment and copy of judg­ment was attached. Ensley v. Fitzwa­ter, 293 Or 158, 645 P2d 1062 (1982)

Trial court's order for attorney fees and costs, entered after first notice of ap­peal was filed, is void. Truax and Truax, 62 Or App 130, 659 P2d 983 (1983)

Where husband ap­pealed support awards and interest rate and, while ap­peal was pending, moved trial court to modify decree as to support pay­ments, mo­tion in trial court was nullity because trial court no longer had jurisdic­tion in the case; overruling Wilson v. Wilson, 242 Or 201, 407 P2d 898, 408 P2d 940 (1965). Nickerson and Nickerson, 296 Or 516, 678 P2d 740 (1984)

Ac­tion that is without legal effect and that can further no interest of party does not constitute acquiescence in judg­ment precluding ap­peal. Nickerson and Nickerson, 296 Or 516, 678 P2d 740 (1984)

Notice to court reporters and clerks of trial courts is not jurisdic­tional within the meaning of this sec­tion. McQuary v. Bel Air Convalescent Home, Inc., 296 Or 653, 678 P2d 1222 (1984); Custom Harvesting Oregon v. Smith Truck and Tractor, 296 Or 711, 628 P2d 268 (1984)

This statute has not been interpreted to mean that compliance with every detail specified anywhere in ORS 19.023 to 19.029 is necessary to give appellate courts jurisdic­tion of an ap­peal. McQuary v. Bel Air Convalescent Home, Inc., 296 Or 653, 678 P2d 1222 (1984)

Where record does not disclose whether trial court intended to dispose of defendant's counterclaim or intended to enter ap­pealable judg­ment without doing so, this sec­tion, which provides that trial court shall have jurisdic­tion, with leave of appellate court, to enter ap­pealable judg­ment, is inapplicable. Central Oregon Produc­tion Credit v. Butler, 82 Or App 203, 728 P2d 53 (1986)

Notice of ap­peal from judg­ment entered pursuant to ORCP 67B does not divest trial court of jurisdic­tion to try remaining claims against other parties not affected by judg­ment. State ex rel Gattman v. Abraham, 302 Or 301, 729 P2d 560 (1986)

"Cause" may include case or pro­ceed­ing or any part thereof, depending upon circumstances, for which judg­ment has been entered. State ex rel Gattman v. Abraham, 302 Or 301, 729 P2d 560 (1986)

Where peti­tioner sought post-con­vic­­tion relief contending he had received invalid consecutive sen­tences and post-con­vic­­tion court dismissed peti­tion and entered order relying on grounds neither presented to court nor responsive to peti­tion, remand to Court of Appeals for considera­tion to enter proper final order was appropriate. Wilson v. Maass, 305 Or 434, 752 P2d 840 (1988)

Trial court may be given authority to enter ap­pealable judg­ment only if it has decided all triable issues and only ac­tion remaining to be taken is entry of judg­ment embodying decision. State v. Rickey, 97 Or App 41, 775 P2d 327 (1989); State v. Cortright, 136 Or App 421, 902 P2d 598 (1995)

After parents prematurely filed notice of ap­peal from jurisdic­tional determina­tion, juvenile court lacked jurisdic­tion to disposi­tion. State ex rel Juv. Dept. v. Boyce, 99 Or App 43, 781 P2d 369 (1989)

Where ap­peals were not taken from ap­pealable judg­ments court must not consider merits unless court makes determina­tion granting trial court leave to enter ap­pealable judg­ment. State v. Bonner, 307 Or 598, 771 P2d 272 (1989)

This statute does not limit trial courts' continuing authority to administer proba­tion, which, despite filing of ap­peal, includes modifying condi­tions of proba­tion "at any time." State v. Peterson, 116 Or App 418, 841 P2d 666 (1992)

Where Court of Appeals gains jurisdic­tion over case when notice of ap­peal is filed and sub­se­quently determines that trial court "judg­ment" is defective in form and grants trial court leave to enter ap­pealable judg­ment, this sec­tion does not require appellant to file new or amended notice of ap­peal for Court of Appeals to retain jurisdic­tion. Baugh v. Bryant Limited Partnerships, 312 Or 635, 825 P2d 1383 (1992)

Require­ment for filing of modified ap­peal to challenge supple­mental judg­ment awarding attorney fees applies only if original ap­peal is still pending at time supple­mental judg­ment is issued. Ricciardi v. Frink, 133 Or App 436, 891 P2d 1336 (1995), Sup Ct review denied

Where trial court is otherwise authorized to appoint counsel, authority continues during ap­peal. Cerda and Cerda, 136 Or App 104, 901 P2d 263 (1995), Sup Ct review denied

Jurisdic­tion of appellate court is not defeated by incorrect recita­tions if notice of ap­peal contains in­for­ma­­tion sufficient to identify ap­pealable judg­ment and give notice to adverse parties. State v. Etchison, 142 Or App 396, 921 P2d 1333 (1996), Sup Ct review denied

If parties with interest in judg­ment receive reasonable notice that their rights in particular judg­ment might be affected, content defect in notice is not jurisdic­tionally fatal. Jeffries v. Mills, 165 Or App 103, 995 P2d 1180 (2000)

During pendency of ap­peal from judg­ment of dissolu­tion of marriage, trial court retains subject matter jurisdic­tion over mo­tions requesting temporary orders re­gard­ing care, custody, support and maintenance of mi­nor children and re­gard­ing parenting time rights. Chester and Chester, 172 Or App 462, 18 P3d 1111 (2001)

For ap­peal notice mailing date to be effective as date of service on party or attorney, notice must be timely mailed to last known address as provided in ORCP 9B. McCall v. Kulongoski, 339 Or 186, 118 P3d 256 (2005)

Law Review Cita­tions

51 OLR 652 (1972)

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/­Archive/­2007ors19.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 19, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­019ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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. Currency Information