Micek v. LeMaster

The issue is whether an order granting defendant’s 1 motion for judgment notwithstanding the verdict is void because it was not heard and determined within 55 days of the entry of judgment as required by ORCP 63D. We hold that the order is void and reverse and remand with instructions to reinstate the judgment for plaintiff.

On June 2, 1983, judgment was entered for plaintiff following a jury verdict in her favor. Defendant filed a timely motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. ORCP 63D; ORCP 64F. Because of scheduling conflicts, the hearing on…