ORAP 8.25

(1) If the copy of a motion for relief from judgment under ORCP 71 A or ORCP 71 B

required to be served on the appellate court[fn 1] is not entitled "MOTION FOR RELIEF FROM

JUDGMENT UNDER ORCP 71," it shall be accompanied by a letter of transmittal identifying

the motion as a motion for relief under ORCP 71 A or ORCP 71 B.

(2) When a party has filed a motion for relief from judgment under ORCP 71 A or

ORCP 71 B while the judgment is on appeal, the appellate court will decide whether to hold the

appeal in abeyance pending disposition of the motion or to allow the appeal to go forward. Any

party to the appeal may move the court to hold the appeal in abeyance or to allow the appeal to

go forward. In the absence of a motion from a party, the court on its own motion will review the

motion for relief from judgment, decide whether to hold the appeal in abeyance and notify the

parties if it decides to do so. If the court does not order the appeal to be held in abeyance, the

appeal will go forward.

(3) A party wishing to appeal an order deciding a motion filed under ORCP 71 A or

ORCP 71 B during the pendency of an appeal shall file a notice of appeal within the time and in

the manner prescribed in ORS chapter 19. The notice of appeal as filed shall bear the same

appellate case number assigned to the original notice of appeal.

(4) If the appellate court holds an appeal in abeyance pending disposition of a motion

under ORCP 71 A or ORCP 71 B and subsequently receives a copy of the trial court's order

deciding the motion, the appellate court shall decide whether to reactivate the case or take other

action after expiration of the period within which an appeal from the order may be filed.