OR · rules
ORAP 8.28
CORRECTED, SUPPLEMENTAL, OR NEW JUDGMENTS IN CRIMINAL CASES AFTER NOTICE OF APPEAL FILED
(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
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.