IN THE COURT OF APPEALS OF THE STATE OF OREGON

ORDER GRANTING WAIVER
OF ORAP 5.95 IN ADOPTION,
JUVENILE, AND MENTAL
COMMITMENT CASES IN
THE COURT OF APPEALS.
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Chief Judge Order

ORAP 5.95 relates to briefs containing matter that is, by statute or court order, confidential or exempt from disclosure. ORAP 5.95(1) requires parties submitting briefs containing such matter to file two original briefs: a "confidential brief" that contains the material that is confidential or exempt from disclosure and a "redacted brief" that has the material that is confidential or exempt from disclosure removed or marked out. ORAP 5.95(2)(a) and (c) govern the number of copies of such briefs parties are to file in the Court of Appeals and to serve on other parties to the case.

Although most appellate court records, including briefs, are subject to public inspection, a number of statutes protect the confidentiality of court records in certain cases. In particular, the court treats as confidential, and allows inspection only by parties to the case of, court records in the following categories of cases: adoption, juvenile dependency (including termination of parental rights), juvenile delinquency, and commitment of mentally ill persons and mentally deficient persons.

Accordingly, effective upon the signing of this order, the court waives the application of ORAP 5.95 to briefs filed in adoption, juvenile, and mental commitment cases. Parties who choose not to comply with ORAP 5.95 in adoption, juvenile, and mental commitment cases shall comply with the requirements of ORAP 5.10(1) and (3) governing the original and number of copies to be filed in the Court of Appeals and to be served on other parties to the case.

This order shall expire when an amendment to ORAP 5.95 equivalent to this order becomes effective or when revoked by subsequent order.

DATED this 23rd day of October, 2007.

David V. Brewer
Chief Judge


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