OR · rules
ORAP 7.40
DISMISSAL OF APPEAL FOR LACK OF AN UNDERTAKING FOR COSTS ON APPEAL
(1) A motion to dismiss an appeal for lack of an undertaking for costs on appeal shall
not be filed without at least seven days' notice to the appellant.[fn 1] Notice may be written or oral.
The notice shall not be filed with the court.
(2) A motion to dismiss an appeal for lack of an undertaking for costs on appeal shall
state that the movant has given the notice required by subsection (1) of this rule or explain why it
has not. If written notice was given, a copy of the notice shall be attached to the motion.
(3) The filing of an undertaking in response to a motion to dismiss shall not, in and of
itself, be a sufficient response to the motion. Appellant shall file an answer to the motion
explaining whether there was good cause for the failure to comply with the notice or the statutory
deadline for filing and shall append a copy of the undertaking filed in the trial court.
(4) The movant may, but is not required to, assert that the movant has been
prejudiced by appellant's failure to file timely an undertaking for costs on appeal. If, however,
the motion is based on an assertion that appellant's failure to meet the statutory filing deadline
should result in dismissal, even though appellant complied with a later filing deadline stated in
the notice provided under subsection (1) of this rule, the movant must establish that substantial
prejudice resulted from appellant's failure to meet the statutory filing deadline.
Provenance
- Source
- courts.oregon.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
4fb5660be64ee0d61282039c28127cc60f1a6e820799a8f27f00beb3b307fef2
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