Although a judge made have made an oral ruling or issued a letter opinion, you cannot appeal until a judgment has been signed by the judge and entered by the court. If the judge makes a ruling that disposes of some but not all of the claims or some but not all of the parties, it may be possible to get a Limited Judgment which will be immediately appealable. The trial court has broad discretion as to whether it will issue a Limited Judgment or force the parties to wait to appeal until all issues have been resolved. Once all issues are resolved, the parties either agree to the form of a General Judgment or the court resolves any disagreement and dictates the form of the judgment. A Limited Judgment or a General Judgment that has been signed by the judge must still be entered by the court clerk before it is appealable.
File a Notice of Appeal
A Notice of Appeal must be filed within 30 days of the entry of a Limited Judgment or a General Judgment. The form of the notice of appeal is dictated by the rules of the Court of Appeals and the filing fee changes periodically. The current filing fee can be determined by checking the website for the Oregon Court of Appeals. The Notice of Appeal must be filed in the Court of Appeals and served on the trial court, opposing attorneys (or parties if they are not represented), and the transcript coordinator for the trial court. If the Notice of Appeal is sent out certified mail, return receipt requested, it is deemed filed at the time that it is mailed.
File a Cost Bond.
An appeal may be dismissed if the person appealing does not file a cost bond for $500 with the trial court.
File a Supersedeas Undertaking.
Filing a Notice of Appeal does not stay the judgment and the other party has the immediate right to take collection action on a money judgment or to force you to abide by any non-monetary judgments (such as awards of custody). It is possible to file a Supersedeas Undertaking which will automatically stay the judgment or to ask the trial court to exercise its discretion to stay any judgment while the appeal is pending. A decision of a trial court on the adequacy of a Supersedeas Undertaking or on whether a stay should be granted is reviewed by the Court of Appeals on an expedited basis. Stays can be very difficult to obtain and the rules governing them are set forth in a number of statutes and cases. If you need to stay the judgment while the appeal is pending, it is important that you contact an experienced appellate attorney as soon as you know the decision of the court so that the Supersedeas Undertaking or motion to stay can be filed as soon as the Notice of Appeal is filed.
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