Oregon Revises Statutes
19.335 Stay by Filing of Supersedeas Undertaking
“(1) If a judgment is for the recovery of money, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will pay the judgment to the extent that the judgment is affirmed on appeal.
(2) If a judgment requires the transfer or delivery of possession of real property, a supersedeas undertaking acts to stay the judgment if the undertaking provides that the appellant will not commit waste or allow waste to be committed on the real property while the appellant possesses the property, and the appellant will pay the value of the use and occupation of the property for the period of possession if the judgment is affirmed. The value of the use and occupation during the period of possession must be stated in the undertaking.[…]”
ORS 19.312 – Supersedeas undertaking in certain actions against tobacco product manufacturer
“(1) The provisions of this section apply only to civil actions against a tobacco product manufacturer as defined in ORS 323.800 (Definitions for ORS 323.800 to 323.806), or against an affiliate or successor of a tobacco product manufacturer, in which:
(a)The tobacco product manufacturer is subject to the requirements of ORS 323.806 (Required actions by manufacturers); and
(b)The state is not a plaintiff.
(2)In any civil action described in subsection (1) of this section, the supersedeas undertaking required of the tobacco product manufacturer, or of an affiliate or successor of the tobacco product manufacturer, as a condition of a stay of judgment throughout all appeals or discretionary appellate review, shall be established in the manner provided by the laws and court rules of this state applicable to supersedeas undertakings, but the amount of the supersedeas undertaking may not exceed $150 million.[…]”
**In Federal cases the bond requirement is governed by Federal Rule of Civil Procedure “62(b) Stay by Bond or Other Security. At any time after judgment is entered, a party may obtain a stay by providing a bond or other security. The stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security.”**
The information contained on our site is for general information purposes, and you should consult with your attorney for the most up to date civil code or local rule that applies to your case.
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