Oregon Statutes 147.542 – Stay pending appeal
(1) The trial court shall stay for a period of 21 days all matters that directly impact, or are directly impacted by, the order on appeal:
Terms Used In Oregon Statutes 147.542
- 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.
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Upon receipt of a notice of interlocutory appeal under ORS § 147.537; or
(b) Upon the issuance of an order granting review under ORS § 147.539.
(2) The Supreme Court may extend or reduce the length of or vacate the stay on its own motion or on the motion of a victim, prosecuting attorney, defendant or any person against whom relief was ordered.
(3) In making the determination described in subsection (2) of this section, in addition to other factors the Supreme Court considers important, the court shall consider:
(a) The likelihood that the appellant will prevail on appeal in light of the support in fact and law for the appeal;
(b) Whether the appeal is taken in good faith and not for the purpose of delay;
(c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief was ordered and the public that will likely result from the grant or denial of a stay;
(d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief was ordered under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS § 136.290. [2009 c.178 § 16]
See note under 147.500.