OREGON RULES OF APPELLATE PROCEDURE

1 OREGON RULES OFAPPELLATE PROCEDURESUPREME COURTandCOURT OF APPEALSA mendedJanuary 1, 2007 OJD Publications Section1163 State StreetSalem, OREGON 97301-2563(503) 986-5656 or 986-5555 This document has no copyright and may be AND BRIEF COVER COLORSin theSupreme Court and the Court of Appealsof the State of OregonFILING FEES*Civil Appeals and Judicial Review(ORS and ORS ) ThroughAs of December 31, 2006 January 1, 2007 Appellant (or Cross-Appellant)$ $ (or Cross-Petitioner)$ $ $ $ Mandamus, Habeas Corpus, andQuo Warranto Proceedings(ORS and ORS )Plaintiff or Petitioner$ $ or Respondent$ $ *The OREGON legislature may modify filing fees between publication dates of the OREGON RULES ofAppellate PROCEDURE .

2 Interested persons can go to the Judicial Department's website to confirm currentfiling fees: In the menu bar, select " RULES ." From the " RULES " menu box, select" OREGON RULES of APPELLATE PROCEDURE " and click on "view," then select "fees." COPYING AND CERTIFICATION FEESC opying (per page).. $ .25 Administrator's Certification (per document).. $ COVER COLORS(ORAP ) BlueAppellant on AppealPetitioner on Judicial on AppealRespondent on Judicial Review-ii-Combined Answering and on AppealCross-Petitioner on Judicial RedCross-Respondent on AppealCross-Respondent on Judicial GrayAppellant on AppealPetitioner on Judicial ReviewCombined Reply and Cross-AnsweringAnswering to Cross-Assignment of RedAppellant on AppealPetitioner on Judicial ReviewAmicus GreenSupreme Court OnlyPetition for Review of Court of Appeals YellowResponse to Petition for OrangeBrief on the Merits of Petitioner on WhiteBrief on the

3 Merits of Respondent on for YellowResponse to Petition for Orange-iii-Table of ContentsOregon RULES of APPELLATE ProcedureAmended January 1, 20071. GENERAL of to APPELLATE RULES ; Effective Date; Temporary Amendments and Authority to Refuse Filings; Sanctions for Failing to ComplyWith RULES ; Waiver of of Bar and ; Adopting ORCP 72. NOTICE OF of Notice of Notices of Fees in Civil from Supplemental Judgments on Costs and Attorney Fees AfterNotice of Appeal in Juvenile to Appeals; Case Title Change by Determination of Appealability and Expedited Supreme Court of Appeal in Guilty or No Contest Plea, Probation or Sentence SuspensionRevocation, and Resentencing Determination of Authority to Decide Action Against Public 173.

4 RECORD ON Court Record on Appeal; Supplementing the of Confidential and Sealed Materials, Including Presentence Reportsin Criminal of Trial Court Administrator Regarding Judgments and Orders EnteredAfter Notice of and Filing of Trial Court Court of Time for Preparation of Responsible for Preparing of to or Correction of Narrative of Records and of Papers or of Audio or Video Record on 314. JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY PROCEEDINGSA. to Conform to Civil of Orders of Board of , Content, and Service of Petition for Judicial on the Record on Judicial of Agency Denial of Motion to Withdrawal of by Agency Not a 38B.

5 Judicial Review of Final Orders of the Land Use Board of Appeals (LUBA) Cases in on for Filing Government Not Tolling Determination of LUBA Jurisdiction by Court of 415. PREPARATION AND FILING OF for of Copies of Briefs; Proof of or Petitions for Review Challenging Constitutionality of Statutes of Parties in to Evidence and Exhibits; Citation of , Charters, Statutes, and Other Written Provisions to Be Set 's Brief: 's Brief: Statement of the of Error and Excerpt of 's 's Brief: Cross-Assignments of of Respondent to File 's Brief on and Adopted for Filing 57 Brief Time Chart 59 Brief Time Chart "Balfour" Briefs Filed by Court-Appointed Pro Se Containing Confidential 636.

6 SUBMISSION OF CASES AND ORAL ARGUMENT;RECONSIDERATION IN COURT OF Without May Argue; Failure to Appear at at Oral in Salem and Other by Court of 687. in , Filing, and Service of on for Extension of Request for Extension of Time to File That Toll Seeking Emergency of Appeal for Lack of an Undertaking for Costs on 's Motion to Dismiss Own for Summary Affirmance in Court-Appointed Counsel 768. MISCELLANEOUS of Parties in Civil Cases; Effect of Death or Absconding of Defendant inCriminal , Substitution, and Association of Attorneys on , Withdrawal, and Substitution of Court-Appointed Counselor Legal Advisor on of Bankruptcy Under ORCP 71 for Relief from of Judgment of Dissolution of Marriage During Pendency of , Amended, or New Judgments in Criminal Cases After Notice ofAppeal of Coverage of APPELLATE Court of Trial Court Rulings Affecting to Serve Notice or File Motion on Occurrence of Event Rendering Appeal of Protected Personal 899.

7 PETITION FOR REVIEW AND RECONSIDERATION IN SUPREME for Supreme Court Review of Court of Appeals for Granting Discretionary to Petition for on the Merits on of Review by Supreme in Supreme of Court of Appeals to Decide Ancillary Matters After Petition forReview SPECIAL COURT OF APPEALS Application for Interlocutory Appeal in Class Certification of Appeal to Supreme Court by Court of Juvenile Dependency and Adoption Arbitration of Disputes Over Provision of Public Services for Prison ORIGINAL PROCEEDINGS IN THE SUPREME Mandamus: Initiating a Mandamus Mandamus: Response by Adverse Party and Consideration by the Mandamus: Briefs and Oral Mandamus.

8 Issuance of Combined Peremptory Writ of Mandamus andAppellate Habeas Corpus and Quo Warranto Lengthy Bar Admission, Reinstatement, and Disciplinary Judicial Disability and Disciplinary Ballot Title Voters' Pamphlet Explanatory Statement Estimate of Financial Impact Reapportionment SPECIAL SUPREME COURT Direct Appeal or Judicial Review in the Supreme Expedited Appeal of Pretrial Order in Criminal Automatic Review in Death Sentence Appointment of Counsel in Death Sentence Coordination of Class Actions in Trial Certification of Question of Law to Supreme Court by Federal Courtsand Other State Expedited Judicial Review of Order of the

9 Energy Facility Siting COSTS AND DISBURSEMENTS, ATTORNEY FEES, AND Costs and Petition for Attorney Appeal of Public Defense Services Commission Decision Regarding Court-Appointed Counsel Compensation, Costs, and Petitions and Motions for Damages and Requests for Judgment Against APPELLATE APPELLATE Stay Pending Action by the Supreme Court of the United APPELLATE SETTLEMENT CONFERENCE APPELLATE Settlement Conference APPELLATE Settlement Conference Program in the Supreme for ORAP Notice of 146 Appendix for ORAP Case 149 Appendix for ORAP Colorable Claims of 150 Appendix for ORAP Reporter's Request for Time Extensionfor Preparation of 151 Appendix for ORAP and ORS (1)

10 Certificate ofPreparation, Filing, and 152 Appendix for ORAP Petition for Judicial Review (Otherthan Workers' Compensation Case).. 153 Appendix for ORAP Petition for Judicial Review of Orderof the Workers' Compensation 156 Appendix for ORAP Appellant's Brief and Excerpt of Record. 158 Appendix for ORAP Model Complete Assignment of Error;Other Partial Assignments of 159 Appendix for ORAP Excerpt of 161 Appendix for ORAP Briefs Containing Confidential Material 162 Appendix of Commonly Used Motion Titles for ORAP (1)(b) and (c).