Oregon Statutes 19.355 – Stay of domestic relations judgment
(1) The provisions of this chapter relating to stays on appeal apply to a domestic relations judgment.
Terms Used In Oregon Statutes 19.355
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Judgment: means a judgment or appealable order, as provided in ORS § 19. See Oregon Statutes 19.005
- Supersedeas undertaking: means an undertaking on appeal that secures performance of a judgment being appealed and operates to stay enforcement of the judgment pending appeal. See Oregon Statutes 19.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If an appellant seeks a stay of only specific provisions of a domestic relations judgment, the motion seeking the stay must identify those provisions of the judgment that are to be stayed. If the court allows a stay of only certain provisions of the judgment, the order of the court must specifically indicate those provisions. If a supersedeas undertaking is filed with the court for the purpose of staying specific provisions of the judgment, the undertaking must indicate the specific provisions of the judgment covered by the undertaking. A stay of any specific provision of a domestic relations judgment may be granted only if:
(a) The specific provision is subject to stay under the provisions of this chapter; and
(b) All requirements of this chapter for a stay of the provision are satisfied.
(3) For the purposes of this section, ‘domestic relations judgment’ means a judgment entered in proceedings under ORS Chapter 107, 108 or 109. [1997 c.71 § 10; 2003 c.576 § 282]
(Appellate Review of Trial Court Orders Relating to Undertakings and Stays)