IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of the Adoption of
Amendments to the Oregon Rules of
Appellate Procedure
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Chief Justice Order 07-016

ORDER ADOPTING TEMPORARY AMENDMENT

Pursuant to ORAP 1.10(2), the Supreme Court may, from time to time, adopt temporary amendments to the Oregon Rules of Appellate Procedure. The Supreme Court by this order adopts a temporary amendment to Oregon Rule of Appellate Procedure 9.17. The amendment is set out below with additions indicated in boldface. The amendment adopted by this order is effective May 1, 2007, and shall expire on December 31, 2008, if not previously adopted as a permanent amendment.

Rule 9.17
BRIEFS ON THE MERITS ON REVIEW

(1) After the Supreme Court allows review, the parties to the case on review may file briefs on the merits of the case, as provided in this rule. A respondent may file a brief on the merits on review even if the petitioner on review elects not to do so.

(2)(a) If a petitioner on review has given notice of intent to file a brief on the merits as provided in ORAP 9.05(3)(a)(v), the petitioner shall have 28 days from the date that the Supreme Court allows review to file the brief.

(b) The brief on the merits of the petitioner on review shall contain:

(i) Concise statements of the legal question or questions presented on review and of the rule of law that petitioner proposes be established. The questions should not be argumentative or repetitious. The phrasing of the questions need not be identical with any statement of questions presented in the petition for review, but the brief may not raise additional questions or change the substance of the questions already presented.

(ii) A concise statement of:

(A) The nature of the action or proceeding, the relief sought in the trial court, and the nature of the judgment rendered by the trial court; and

(B) All the facts of the case material to determination of the review, in narrative form with references to the places in the record where the facts appear.

(iii) A summary of the argument.

(iv) The argument.

(v) A conclusion, specifying with particularity the relief which the party seeks.

(c) The brief on the merits of the petitioner on review shall conform to ORAP 5.05, ORAP 5.35, and ORAP 9.05(2), except that the cover of the brief shall be white.

(3)(a) The brief on the merits of the respondent on review shall be filed within these time limits:

(i) If petitioner on review files a brief on the merits on review, respondent's brief is due within 28 days thereafter;

(ii) If petitioner on review gives notice of intent to file a brief on the merits but ultimately either does not do so or does not do so within the time allowed, respondent's brief is due within 28 days after the date on which petitioner's brief was due;

(iii) If petitioner on review either has failed to give notice of intent to file a brief on the merits as provided in ORAP 9.05(3)(a)(v) or has given notice of intent not to file a brief on the merits, respondent's brief is due within 28 days after review is allowed.

(b)Items required by paragraph (2)(b) of this rule need not be included in the brief on the merits of the respondent on review unless respondent is dissatisfied with their presentation in petitioner's brief.

(c)The brief on the merits of respondent on review shall conform to ORAP 5.05 and ORAP 5.35, except that the cover of a brief shall be tan.

(4) The original of each brief, marked as such, and 12 copies, shall be filed with the Administrator, together with proof of service. Two copies of the brief shall be served on each party to the review.

(5) Any party filing a brief on the merits, including any intervenor and any person who has been granted permission to appear amicus curiae, shall submit a copy of the brief on review in electronic form in addition to complying with the filing and service requirements in subsection (4). (1) A person confined in a state institution and not represented by counsel who is filing a brief on the merits is exempt from the requirements of this subsection. Any party who lacks the technological capability to comply with this subsection may file a motion to be relieved from the requirements of this subsection at the same time that the party files its brief on the merits.

(a) The filing party shall submit the electronic form of the brief on the merits in Portable Document Format (PDF) configured at a resolution of 300 dpi and attach the electronic form of the brief to an e-mail sent to briefs@ojd.state.or.us. The subject line of the e-mail shall contain the case title and Supreme Court case number as assigned by the Administrator in substantially the following format: "Doe v. Smith, SC _______." The e-mail address is to be used for the purpose of submitting an electronic brief on the merits only. The Administrator will not respond to any e-mail sent to this address. Submission of any document by e-mail to this address will not constitute compliance with any other filing, service, or submission requirement of these rules.

(b) The electronic form of the brief on the merits shall be identical in content and format to the printed form of the brief. The filing party shall include in the electronic form of the brief on the merits the excerpt of record and appendices to the brief unless the filing party lacks the technological capability to convert the excerpt of record or appendices into electronic form. A party who submits an electronic version of a brief on the merits without the excerpt of record or appendices shall inform the court in the body of the transmittal e-mail that the party lacks the technological capability to convert the excerpt of record or appendices into electronic form.

(c) If a brief on the merits contains material that is, by statute, rule, or court order, confidential or exempt from disclosure, the filing party shall provide both a redacted version and an unredacted version in separate attachments. (2) The filing party should name the attachments so as to allow easy identification of each version.

(d) The filing party shall submit the electronic form of the brief on the merits via e-mail on the same day that the filing party mails or delivers the brief to the Administrator.

(e) The filing party shall certify that the e-mail attachment containing the electronic form of the brief on the merits has been scanned for viruses and that it is virus-free.

DATED this 25th day of April, 2007.
Paul J. De Muniz, Chief Justice


1. As needed, the court will post additional information regarding this subsection on the Judicial Department's website, www.ojd.state.or.us. In the menu bar, select "COURTS." On the Oregon Courts page, select "Supreme Court." On the Supreme Court page, select "E-mail Copies of Merits Briefs."

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2. See ORAP 5.95.

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