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Oregon Revised Statutes

Or. Rev. Stat. § 147.542 (2026)

Stay pending appeal

✓ current as of May 2026
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      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:

      (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]

 

      Note: See note under 147.500.

Notes of Decisions
Cited in 3 cases, 2013–2015 · leading case: State v. Algeo, 311 P.3d 865 (Or. 2013).
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State v. Algeo, 311 P.3d 865 (Or. 2013). ““(3) Subject to ORS 147.542, the jurisdiction of the Supreme Court is limited to the order for which appellate review is sought and the trial court retains jurisdiction over all other matters in the criminal proceeding.”
State Ex Rel. Walraven v. Dep't of Corr., 362 P.3d 1163 (Or. 2015). · cites it 2× “535 grants the state standing to appeal an order in a victims’ rights case, and ORS 147.542 provides a renewable 21-day stay in such cases for “all matters that directly impact, or are directly impacted by, the order on appeal.”
State ex rel Walraven v. Dept. of Corr. (Or. 2015). · cites it 2× “650(3) specifically provides the circum- stances under which the effect of such a judgment will be stayed.”
— Or. Rev. Stat. § 147.542(1) — 2 cases
State Ex Rel. Walraven v. Dep't of Corr., 362 P.3d 1163 (Or. 2015). “535 grants the state standing to appeal an order in a victims’ rights case, and ORS 147.542 provides a renewable 21-day stay in such cases for “all matters that directly impact, or are directly impacted by, the order on appeal.”
State ex rel Walraven v. Dept. of Corr. (Or. 2015). “650(3) specifically provides the circum- stances under which the effect of such a judgment will be stayed.”
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