IN THE COURT OF APPEALS 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 Judge Order


ORDER ADOPTING TEMPORARY AMENDMENT

Pursuant to ORAP 1.10(3), the Court of Appeals may, from time to time, adopt temporary amendments to the Oregon Rules of Appellate Procedure. The Court of Appeals by this order adopts a temporary amendment to Oregon Rule of Appellate Procedure 4.68. The amendment is set out below with additions indicated in boldface and deletions indicated in strikeout. The amendment adopted by this order is effective June 1, 2007, and shall expire on December 31, 2008, if not previously adopted as a permanent amendment.

Rule 4.68
CROSS-PETITIONS

(1) A cross-petition for judicial review, if any, shall be served and filed within seven days after the filing of the petition for judicial review.

(2) A cross-petitioner's brief and excerpt of record shall be served and filed within 14 days after the filing of petitioner's opening brief and may, if appropriate, be combined with the respondent's brief.

(3) A petitioner's answering brief on cross-petition for judicial review shall be served and filed within seven days after the filing of the cross-petitioner's brief. A cross-respondent's answering brief shall be due seven days after the filing of the cross-petitioner's brief. Notwithstanding ORAP 1.35(1)(d) and (2)(b), a cross-respondent shall file and serve the cross-respondent's answering brief in such a manner as to cause actual receipt of the brief by the Administrator and by all other parties to the judicial review no later than one business day after the brief is due. If the petitioner cross-respondent fails to file an answering brief on cross-petition within the time allowed by this rule, the cross-petition will be submitted on cross-petitioner's brief and oral argument, and petitioner cross-respondent will not be allowed to argue issues raised by the cross-petition.

(4) No reply brief on cross-petition shall be permitted.

DATED this 9th day of May, 2007.

David V. Brewer,
Chief Judge


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