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OR · rules

ORAP 8.28

CORRECTED, SUPPLEMENTAL, OR NEW JUDGMENTS IN CRIMINAL CASES AFTER NOTICE OF APPEAL FILED

activein force · 2026-09-03 – presentact-effective-date

(1) After a notice of appeal is filed in a criminal case, if either the state or the

defendant files a motion in the trial court for entry of a corrected or supplemental judgment, the

party filing the motion shall transmit a copy of the motion to the appellate court.[fn 1]

(2) (a) If the trial court enters a corrected or supplemental judgment on motion of

a party or on its own motion, a party wishing to appeal the corrected or supplemental

judgment shall file an amended notice of appeal within the time and in the manner

prescribed in ORS chapter 138 and shall use the appellate case number assigned to the

appeal from the original judgment. The amended notice of appeal shall state when the

party received notice of entry of the corrected or supplemental judgment.

(b) If the trial court enters a corrected or supplemental judgment and the

appellant no longer wishes to pursue the original appeal, the appellant shall file a motion

to dismiss the appeal.

(c) If the trial court denies a motion for entry of a corrected or supplemental

judgment subject to subsection (1) of this rule, the party who filed the motion shall notify

the appellate court in writing and within seven days after the date of entry of the trial

court's order and shall attach a copy of the order denying the motion.

(3) When a party has filed a motion subject to subsection (1) of this rule, pending a

final ruling on the motion by the trial court, the appellate court, on motion of a party or on its

own motion, may order that the appeal be held in abeyance. If an order is entered holding the

appeal in abeyance, when the court receives notice under subsection (2) of this rule that the trial

court has entered a corrected or supplemental judgment or a final order disposing of the motion,

the appellate court shall reactivate the appeal or issue such other order as may be appropriate.

Provenance

Source
courts.oregon.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
352023cb9eaaa68897fb6f9f809dd08aee3920235a9d41b338bd9f31dc0f2f5b
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