ORAP 8.27

(1) During the pendency of an appeal from a judgment of dissolution of marriage, if it

comes to the attention of the court that a party has filed a motion under ORS 19.275(1) to modify

the judgment of dissolution of marriage, including a motion to reconsider spousal or child

support provisions of a judgment pursuant to ORS 107.135, the appellate court may hold the

appeal in abeyance pending disposition of the motion or 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 may review the

motion filed in the trial court, 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.

(2) A party wishing to appeal the trial court's final decision on a motion under ORS

19.275 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.

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

under ORS 19.275(1) and subsequently receives a copy of the trial court's final decision, the

appellate court shall decide whether to reactivate the appeal or take other action after expiration

of the period within which an appeal from the final decision may be filed. If a timely appeal

from the final decision on a motion under ORS 19.275 is filed, the court may direct that both

appeals be heard at the same time or may allow the appeals to proceed independently of one

another.