Carter v. United States National Bank , 304 Or. 538 ( 1987 )

PETERSON, C. J.,

concurring.

I concur in the result but write separately to comment generally on motions to reconsider.

The so-called “motion for reconsideration” appears neither in the Oregon Rules of Civil Procedure nor in any other Oregon statute. Lawyers filing motions to reconsider after entry of judgment might better denominate such a motion as a “motion asking for trouble,” for questions arise concerning whether the filing of such a motion extends the time for appeal. Of what effect is an order entered after judgment on such a motion? Does the time for appeal run from entry of the order? Does the 55-day period of ORCP 65F. apply? (“* * * the motion [to set aside a judgment and for a new trial] shall be heard and determined by the court within 55 days from the time of the entry of judgment, and not thereafter, and if not so heard and determined within said time, the motion shall conclusively be deemed denied.”) Cf. State ex rel State Farm Mutual Auto Insurance Co. v. Olsen, 285 Or 179, 182-83, 590 P2d 231 (1979). Use of such motions creates uncertainty and should be discouraged.