(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 courtís 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]
UNDERTAKINGS ON APPEAL AND STAYS OF JUDGMENT
(Undertakings)Section: Previous 19.240 19.245 19.250 19.255 19.260 19.265 19.270 19.275 19.300 19.305 19.310 19.312 19.315 19.320 19.325 Next
Last modified: August 7, 2008