OREGON RULES OF APPELLATE PROCEDURE SUPREME …

1 OREGON RULES OF. APPELLATE PROCEDURE . SUPREME COURT. and COURT OF APPEALS. Effective January 1, 2017. Includes CJO 16-051 / CJO 16-08. Order Adopting Temporary Amendments, effective January 1, 2017, through December 31, 2018, and incorporating January 3, 2017, editorial correction to ORAP (2)(e), and corrections to internal links as of November 2, 2017. OJD Publications Section 1163 State Street Salem, OREGON 97301-2563. February 22, 2017. This document has no copyright and may be reproduced. This page left blank intentionally. TABLE OF CONTENTS. OREGON RULES of APPELLATE PROCEDURE FEES. Filing Fees . xiii 1. GENERAL RULES . Scope of RULES .. 1. Citation to APPELLATE RULES ; Effect Date;. Temporary Amendments and RULES .. 1. Terminology .. 1. Administrative Authority to Refuse Filings;. Sanctions for Failing to Comply with RULES ;. Waiver of RULES 4. Computation of Time 4. Litigant Contact Information 5. Out-of-State Attorney and Self-Represented Party Contact Information; Changes in Contact Information for Attorney, Out-of-State Attorney, and Self-Represented Party.

2 5. Filing and Service . 6. Verification; Declarations; Adopting ORCP 17 11. Form Requirements 11. 2. NOTICE OF APPEAL. Contents of Notice of Appeal 13. Separate Notices of Appeal 15. Filing Fees in Civil Cases 16. Appeal from Supplemental Judgments on Costs i and Attorney Fees After Notice of Appeal Filed . 17. Appeals in Juvenile Cases 18. Case Titles; Changes to Case Titles . 19. Consolidation .. 21. Summary Determination of Appealability and Expedited SUPREME Court Review 22. Notice of Appeal in Guilty or No Contest Plea, Probation or Sentence Suspension Revocation, and Resentencing Cases .. 22. Summary Determinations of Authority to Decide Action Against Public Body 24. 3. RECORD ON APPEAL. Trial Court Record on Appeal;. Supplementing the Record .. 27. Inspection of Confidential and Sealed Materials, Including Presentence Reports in Criminal Appeals .. 27. Duties of Trial Court Administrator Regarding Judgments and Orders Entered After Notice of Appeal.

3 29. Preparation and Filing of the Record on Appeal . 30. Trial Court File 30. Exhibits 31. Extension of Time for Preparation of Transcript .. 32. Preparation, Service, and Filing of Transcript . 33. Form of Transcript .. 36. Addition to or Correction of Transcript .. 38. Agreed Narrative Statement 40. Return of Records and Exhibits .. 40. ii Withdrawal of Papers or Exhibits 40. Use of Audio or Video Record on Appeal .. 41. 4. JUDICIAL REVIEW OF. ADMINISTRATIVE AGENCY PROCEEDINGS. A. Generally PROCEDURE to Conform to Civil Cases .. 43. Review of Orders of Board of Parole .. 43. Form, Content, and Service of Petition for Judicial Review .. 43. Record on Judicial Review .. 45. Correcting the Record on Judicial Review .. 45. Additional Evidence 47. Review of Agency Denial of Motion to Stay .. 47. Agency Withdrawal of Orders . 47. Appearance by Agency Not a Party . 49. B. Judicial Review of Certain Land Use Decisions Land Use Cases in General.

4 51. Record on Judicial Review .. 52. Time for Filing Briefs .. 52. Local Government and CRGC Documents . 53. Cross-Petitions . 53. No Continuances .. 54. Motion Not Tolling Time 54. iii Summary Determination of LUBA. Jurisdiction by Court of Appeals . 54. 5. PREPARATION AND FILING OF BRIEFS. Specifications for Briefs .. 57. Number of Copies of Briefs; Proof of Service 60. Briefs or Petitions for Review Challenging Constitutionality of Statutes or Constitution .. 61. Designation of Parties in Briefs .. 61. Reference to Evidence and Exhibits;. Citation of Authorities . 61. Ordinances, Charters, Statutes, and Other Written Provisions to Be Set Out 62. Appellant's Opening Brief: Index .. 63. Appellant's Opening Brief: Statement of the Case . 63. Assignments of Error and Argument .. 65. The Excerpt of Record . 67. Appendix . 69. Respondent's Answering Brief 69. Respondent's Answering Brief: Cross-Assignments of Error 70. Failure of Respondent to File Brief.

5 70. Cross-Appellant's Opening Brief . 71. Reply Brief .. 71. Answering Brief on Cross-Appeal .. 72. Joint and Adopted Briefs . 72. Time for Filing Briefs .. 73. iv Brief Time Chart 1 .. 75. Brief Time Chart 2 .. 76. Additional Authorities . 77. "Balfour" Briefs Filed by Court-Appointed Counsel .. 78. Supplemental Pro Se Briefs . 79. Briefs Containing Confidential Material . 80. 6. SUBMISSION OF CASES AND ORAL ARGUMENT;. RECONSIDERATION IN COURT OF APPEALS. Request for Oral Argument;. Submission Without Argument .. 83. Who May Argue; Failure to Appear at Argument .. 84. PROCEDURE at Oral Argument 84. Argument in Salem and Other Locations 85. Reconsideration by Court of Appeals .. 86. 7. MOTIONS. Motions in General .. 89. Preparation, Filing, and Service of Motions 90. Decisions on Motions .. 92. Motion for Extension of Time . 92. Oral Request for Extension of Time to File Brief . 93. Motions That Toll Time .. 94. Motions Seeking Emergency Relief 95.

6 Dismissal of Appeal for Lack of an Undertaking for Costs on Appeal .. 95. v Motions Arising From Settlement, Mediation, or Arbitration . 96. Motion for Summary Affirmance in Court-Appointed Counsel Cases .. 96. Court of Appeals APPELLATE Commissioner . 97. 8. MISCELLANEOUS RULES . Substitution of Parties in Civil Cases; Effect of Death or Absconding of Defendant in Criminal Cases .. 99. Withdrawal, Substitution, and Association of Attorneys on Appeal 100. Appointment, Withdrawal, and Substitution of Court-Appointed Counsel or Legal Advisor on Appeal . 100. Amicus Curiae . 102. Effect of Bankruptcy Petition .. 104. Motion Under ORCP 71 for Relief From Judgment 105. Modification of Judgment of Dissolution of Marriage During Pendency of Appeal . 106. Corrected, Supplemental, or New Judgments in Criminal Cases After Notice of Appeal Filed . 107. Disqualifications of Judge .. 108. Media Coverage of APPELLATE Court Proceedings .. 108. Review of Trial Court Rulings Affecting Appeal 110.

7 Duty to Serve Notice or File Motion on Occurrence of Event Rendering Appeal Moot 110. Notification of Related Cases . 111. Segregation of Protected Personal Information .. 111. Confidential and Sealed Attachments 112. vi Criminal Conviction Set Asides;. delinquency Adjudication Expungements .. 113. 9. PETITION FOR REVIEW AND. RECONSIDERATION IN SUPREME COURT. Petition for SUPREME Court Review of Court of Appeals Decision .. 115. Criteria for Granting Discretionary Review 118. Response to Petition for Review . 119. Briefs on the Merits on Review .. 120. Allowance of Review by SUPREME Court 121. Reconsideration by SUPREME Court . 122. Authority Over Matters, Including Motions, When Case is Pending in the SUPREME Court .. 122. 10. SPECIAL COURT OF APPEALS RULES . Application for Interlocutory Appeal in Class Action . 125. Certification of Appeal to SUPREME Court by Court of Appeals . 126. Juvenile Dependency and Adoption Cases .. 127. Arbitration of Disputes Over Provision of Public Services for Prison Sites.

8 129. Expedited Appeal of Certain Pretrial Orders in Criminal Cases . 131. Form of Certain Decisions; Joint Motions for Resolution by Unpublished Order .. 131. 11. ORIGINAL PROCEEDINGS IN THE SUPREME COURT. Mandamus: Initiating a Mandamus Proceeding . 133. Mandamus: Response by Adverse Party and Consideration by the Court .. 136. vii Mandamus: Briefs and Oral Argument .. 137. Mandamus: Issuance of Combined Peremptory Writ of Mandamus and APPELLATE Judgment .. 138. Habeas Corpus and Quo Warranto Proceedings .. 139. Lengthy Memoranda 139. Bar Admission, Reinstatement, and Disciplinary Proceedings . 140. Judicial Disability and Disciplinary Proceedings 141. Ballot Title Review .. 145. Voters' Pamphlet Explanatory Statement Review .. 149. Estimate of Financial Impact Review .. 150. Reapportionment Review 151. 12. SPECIAL SUPREME COURT RULES . Direct Appeal or Judicial Review in the SUPREME Court .. 153. Expedited Appeal of Certain Pretrial Orders in Criminal Cases 153.

9 Interlocutory Appeal of Order Concerning Crime Victim's Rights . 154. Petitions for SUPREME Court Review of Orders Concerning Crime Victim's Rights .. 156. Automatic Review in Death Sentence Cases .. 158. Appointment of Counsel in Death Sentence Cases . 160. Coordination of Class Actions in Trial Courts 160. Certification of Question of Law to SUPREME Court by Federal Court and Other State Courts . 162. viii Expedited Judicial Review of Order of the Energy Facility Siting Council .. 164. 13. COSTS AND DISBURSEMENTS, ATTORNEY FEES, AND DAMAGES. Costs and Disbursements . 165. Petition for Attorney Fees 167. Appeal of Public Defense Services Commission Decision Regarding Court-Appointed Counsel Compensation, Costs, and Expenses 169. Petitions and Motions for Damages and Sanctions . 169. Requests for Judgment Against Sureties . 169. 14. APPELLATE JUDGMENT. APPELLATE Judgment . 171. Stay Pending Action by the SUPREME Court of the United States.

10 173. 15. APPELLATE SETTLEMENT. CONFERENCE PROGRAM. APPELLATE Settlement Conference Program . 175. APPELLATE Settlement Conference Program in the SUPREME Court .. 179. 16. FILING AND SERVICE BY ELECTRONIC MEANS. Applicability 181. Definitions 181. eFilers .. 182. Format of Documents to be Filed Electronically . 183. Filing Fees and eFiling Charges .. 185. Electronic Filing and Electronic Filing Deadlines .. 185. ix Conventional Filing Requirements .. 186. Electronic Signatures .. 187. Electronic Service 188. Hyperlinks and Bookmarks in eFiled Briefs 189. Retention of Documents by eFilers and Certification of Original Signatures 190. 16. 60 Mandatory Electronic Filing 190. APPENDICES. Appendix Illustration for ORAP -- Notice of Appeal .. 193. Appendix Illustration for ORAP -- Case Titles 197. Appendix Illustration for ORAP -- Colorable Claims of Error .. 198. Appendix Illustration for ORAP -- Reporter's Request for Time Extension for Preparation of Transcript 199.