In the Matter of the Adoption ) CJO No. 99-037

of Rule of Appellate Procedure ) ORDER SPECIALLY ADOPTING

15.10. ) NEW ORAP



By order dated January 13, 1998, the Supreme Court and Court of Appeals prescribed a procedure for adopting amendments to the Oregon Rules of Appellate Procedure. Part (5) of that order requires that all proposed amendments be published in the Oregon Appellate Courts Advance Sheets and requires a 49-day public comment period. However, part (6) of that order also provides that the appellate courts may adopt an amendment without publication in the Advance Sheets and without opportunity for public comment, subject to the conditions that special circumstances justify adoption of the amendment with a different effective date and that the order adopting the amendment state the nature of the special circumstances.

The court finds that special circumstances justify adoption of new Rule of Appellate Procedure 15.10 without prior publication in the Advance Sheets. New petitions for review continue to be filed at a significant rate. Settlement of some of these cases by participation of the parties in an appellate settlement conference program would assist the court in managing its docket and resolving cases in a way that is satisfactory to the parties involved. Adoption of the new rule will facilitate settlement of pending cases by making the existing Court of Appeals Appellate Settlement Conference Program available for settlement of cases pending before the Supreme Court.

Therefore, new Oregon Rule of Appellate Procedure 15.10, a copy of which is attached to this order, is hereby adopted and becomes effective immediately.




Date Chief Justice






RULE 15.10




(1) Case Subject

(a) The procedures in this rule apply only to cases filed in the Supreme Court. The court shall determine which pending cases or category of cases, if any, may be included in the Appellate Settlement Conference Program (program).

(b) Cases shall be screened and settlement conferences held in the manner prescribed by Oregon Rule of Appellate Procedure 15.05, unless otherwise stated in this rule.

(2) Abeyance of Case

(a) On assignment of a case to the program, the Chief Justice or his designee shall inform the program director and/or parties whether any abeyance of the case will occur pending the settlement conference.

(b) The court may reactivate a case held in abeyance at any time:

(I) At the request of the program director pursuant to the request of a party or on the director's own motion, or

(ii) On the motion of a party showing good cause for reactivating the case. In addition to serving a copy of the motion on all parties to the case, a party filing a motion to reactivate shall serve a copy of the motion on the program director, or

(iii) On the court's own motion.



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