IN THE SUPREME COURT OF THE STATE OF OREGON
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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NOTICE OF
PROPOSED RULEMAKING

The Supreme Court and Court of Appeals propose to:

(1) Adopt amendments to the following Oregon Rules of Appellate Procedure: ORAP 1.10, 1.40, 2.05, 2.25, 2.35, 2.40, 3.33, 4.15, 4.20, 4.35, 4.40, 4.66, 5.05, 5.10, 5.50, 5.52, 5.95, 6, 6.25, 7.10, 8.05, 8.10, 8.12, 8.15, 8.20, 8.50, 10.15, 11.05, 11.30, 13.15, 13.25, 14.05, 15.05, Appendix A.

(2) Adopt the following new Oregon Rule of Appellate Procedure: ORAP 4.67.

(3) Adopt a new appendix relating to ORAP 7.10.

(4) Discontinue reprinting ORS Chapter 19, currently found as Appendix R to the Oregon Rules of Appellate Procedure.

Amended rules are shown with material to be deleted in strikeout print and material to be added in bold print. The proposed new rule is denoted by "Proposed New Rule," with the title and text of the new rule in bold print. The proposed new appendix is denoted by "Proposed New Appendix," with the contents of the new appendix in bold print.

Interested persons shall have until the close of business on August 14, 2006, to submit written comments on the proposed rule changes. Comments shall be submitted to:

Hon. Paul J. De Muniz
Chair, Oregon Rules of Appellate Procedure Committee
Supreme Court Building
1163 State Street
Salem, Oregon 97301


Rule 1.10
CITATION TO APPELLATE RULES;
APPLICABILITY OF SUPERSEDED RULES
EFFECTIVE DATE;
TEMPORARY AMENDMENTS AND RULES

(1) These rules shall be cited as ORAP. Any time period that has begun and the form of any thing in progress before the effective date of any amendment to these rules shall be governed by the superseded rules.1

(2) Pursuant to order of the Supreme Court and Court of Appeals, from time to time, the appellate courts may adopt one or more temporary new rules or temporary amendments to existing rules. A temporary new rule or temporary amendment to an existing rule will be published in the Oregon Appellate Courts Advance Sheets and on the Judicial Department's website.2 The effective date of any amendment to or new rule of the Oregon Rules of Appellate Procedure shall be January 1 of the year following the adoption of the amendment or new rule. The rules as amended shall apply to any thing filed or time period commenced in the appellate courts on or after the effective date of the amendment or new rule. The superseded rules shall apply to any thing filed or time period commenced in the appellate courts before the effective date of any amendment or new rule.1

(3) Notwithstanding subsection (2) of this rule, the appellate courts may adopt one or more temporary rules or temporary amendments to existing rules. Unless otherwise indicated in the order adopting the temporary rule or temporary amendment, the effective date of the rule or amendment shall be the date of the order, and the rule or amendment shall expire on the effective date of the next regularly adopted amendments to the Oregon Rules of Appellate Procedure.2


1 Except for any temporary new rule or temporary amendment to an existing rule adopted pursuant to subsection (2) of this rule, these rules were last amended effective January 1, 2005. These rules were last regularly amended effective January 1, 2007.

2 The Judicial Department's website address is: www.ojd.state.or.us. A temporary new rule or temporary amendment to an existing rule will be published in the Oregon Appellate Courts Advance Sheets and on the Judicial Department's website (www.ojd.state.us).


Rule 1.40
VERIFICATION; ADOPTING ORCP 17

(1) Except as if specifically required by statute,1 no thing filed with the appellate court need be verified.

(2) When a statute requires a paper filed with the appellate court to be verified, a verification shall consist of a statement:

(a) that the person has read the paper and that the facts stated in the paper are true, to the best of the person's knowledge, information and belief formed after reasonable inquiry;

(b) signed and dated by the person; and

(c) sworn to or affirmed before a person authorized by law to administer oaths or affirmations, including, but not necessarily limited to, a notary public.

(3) Oregon Rule of Civil Procedure (ORCP) 17 is hereby adopted as a rule of appellate procedure applicable to the Supreme Court and Court of Appeals.21


1 See, e.g., ORS 138.500(3), which requires that claims for costs, expenses, and compensation of court-appointed counsel be verified; see also ORS 20.320, which requires that a statement of costs and disbursements and objections to a statement of costs and disbursements be verified. See ORAP 13.25 regarding the procedure for requesting sanctions under this subsection.

2 See ORAP 13.25 regarding the procedure for requesting sanctions under this subsection.

* * * * *


Rule 2.05
CONTENTS OF NOTICE OF APPEAL

* * * * *

(6) A designation of those portions of the proceedings to be transcribed2 and exhibits3 to be included in the record in addition to the trial court file.

* * * * *

(10) Proof of service, specifying the date of service.

(a) In a civil case, the notice of appeal shall contain proof of service on all other parties who appeared in the trial court. and, for those civil cases in which the district attorney appeared (e.g., contempt proceedings), proof of service of a copy of the notice of appeal on the Attorney General.4

(b) In a criminal case, the notice of appeal shall contain proof of service on:

(i) The defendant, in an appeal by the state.

(ii) The district attorney, in an appeal by the defendant. The notice of appeal in such an appeal also shall contain proof of service of a copy of the notice of appeal on the Attorney General.5

* * * * *


2 See ORAP 3.33 regarding the appellant's responsibility to make financial arrangements with either the court reporter or the transcript coordinator for preparation of a transcript of oral proceedings.

3 See ORAP 3.25 regarding making arrangements for transmitting exhibits to the appellate court for use on appeal. See also Uniform Trial Court Rules (UTCR) 6.120(2) and (3) regarding retrieval of exhibits by trial court administrators for use on appeal.

4 Service of the notice of appeal on the Attorney General is for the purpose of facilitating the appeal and is not jurisdictional. See footnote 1 in ORAP 1.35 for the service address of the Attorney General.

5 Service of the notice of appeal on the Attorney General is for the purpose of facilitating the appeal and is not jurisdictional. See footnote 1 in ORAP 1.35 for the service address of the Attorney General. See footnote 4 to paragraph (10)(a) of this rule.

* * * * *


Rule 2.25
PARTIES TO APPEALS;
CASE TITLE CHANGE BY ADMINISTRATOR

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(4) On motion of a party or on its own motion, the court may modify the case title as it will appear in the published decision for the purpose of protecting the identities of juveniles or for other good cause shown. The A party's motion must be filed no later than when the party's brief is filed.


Rule 2.35
SUMMARY DETERMINATION OF
APPEALABILITY AND EXPEDITED
SUPREME COURT REVIEW

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(4) Unless a shorter period of time is ordered by the Court of Appeals or the Supreme Court, a petition for review of a summary determination by the Court of Appeals or a petition for reconsideration of a summary determination by the Supreme Court shall be filed within 14 days of the date of the appellate court's determination. The caption of the petition shall prominently display the words "Expedited Summary Determination of Appealability Pursuant to ORAP 2.35(4)." The Supreme Court shall expedite its consideration of a petition for review or reconsideration of a summary determination of appealability.


Rule 2.40
NOTICE OF APPEAL IN GUILTY OR NO CONTEST
PLEA, PROBATION OR SENTENCE SUSPENSION
REVOCATION, AND RESENTENCING CASES

(1) Except as provided in subsections (2) and (3) of this rule, in addition to the notice of appeal requirements contained in ORAP 2.05, when a defendant in a criminal case appeals from a judgment following a guilty plea, no contest plea, resentencing pursuant to a remand from an appellate court, or resentencing pursuant to the judgment of a court granting post-conviction relief, or from an order or judgment revoking probation or sentence suspension:

(a) The caption of the notice of appeal shall identify the notice as a "Notice of Appeal Pursuant to ORAP 2.40."

(b) The body of the notice of appeal shall:

(i) Identify the type of proceeding from which the appeal arises (e.g., guilty plea, no contest plea, probation revocation, etc.); and

(ii) Identify at least one colorable claim of error from the proceeding.1

(2) The defendant need not comply with this rule:

(a) If the defendant has filed a motion for delayed appeal under ORS 138.071(4) in a case otherwise subject to this rule; or

(b) If the appeal is from a conditional guilty plea or no contest plea under ORS 135.335(3).

(2) If the defendant has filed a motion for delayed appeal under ORS 138.071(4) in a case subject to subsection (1) of this rule, the defendant need not comply with paragraphs (1)(a) and (b) of this rule.

(3) If the defendant entered a conditional or no contest plea under ORS 135.335(3), the defendant need not comply with paragraphs (1)(a) and (b) of this rule, but the caption of the notice of appeal shall identify the case as a "Conditional Plea Case."2


See generally ORS 138.050, ORS 138.053(3), and ORS 138.222(7)(a)-(c).

1 See State ex rel Juv. Dept. v. Balderas, 172 Or App 223, 18 P3d 434 (2001), State ex rel Dept. of Human Services v. Rardin, 338 Or 399, 406-08, 110 P3d 580 (2005), for a description of "colorable claim of error." See Appendix C for illustrations of colorable claims of error.

2 See ORAP 5.50(3) regarding how defendant must establish on appeal that defendant's guilty or no contest plea was conditional.


Rule 3.33
PERSONS RESPONSIBLE FOR
PREPARING TRANSCRIPT

* * * * *

(4) After making arrangements with the court reporter(s) or transcriptionist(s) as provided in subsections (2) and (3) of this rule, the transcript coordinator shall notify the appellate court and the parties to the appeal of the name, address and telephone number of each court reporter or transcriptionist, or both, as appropriate, who will be preparing all or a portion of the transcript. The transcript coordinator shall move for an extension of time to file the transcript if the case has not been assigned to a court reporter or transcriptionist prior to the due date of the transcript.

* * * * *


Rule 4.15
FORM, CONTENT, AND SERVICE OF PETITION
FOR JUDICIAL REVIEW

* * * * *

(5) The petition shall show proof of service on:

(a) the agency whose order, rule, or ruling is involved (unless the agency is the petitioner), even if the agency is not a party;

(b) the Attorney General, even if the agency is not a party.2 In a workers' compensation case, the petition shall show proof of service on the Attorney General only if the State Accident Insurance Fund Corporation is a party to the case and also the State Accident Insurance Fund Corporation is representing a state agency;

(c) all other parties of record in the proceeding; and

(d) any other person required by law to be served.3


* * * * *

2 See footnote 1 in ORAP 1.35 for the service address of the Attorney General.

3 Nothing in ORAP 4.15(5) shall be construed to require service of briefs on an agency or the Attorney General. For requirements governing the service of briefs, see ORAP 5.10(3).

* * * * *


Rule 4.20
RECORD ON REVIEW

(1) The agency shall transmit to the appellate court the record, including a transcription of the proceedings or the stipulated portion thereof if the parties have stipulated to shorten the record pursuant to ORS 183.482(4).

(2) The record shall be filed within the 30 days or such further time allowed by the court as provided in ORS 183.482(4) or other controlling statute. The record shall be accompanied by proof of service of copies of the record, except exhibits, on all other parties of record in the agency proceeding and on any other person required by law to be served.

(3) The record shall be prepared in the manner provided by ORAP 3.20(1) and transmitted in a suitable cover or folder bearing on the outside the title and agency number of the case and the name of the agency from which the review is taken. Whenever feasible, the original record shall be transmitted. Notwithstanding ORAP 3.20(2), the agency may prepare the record either with the first filed document on top or the last filed document on top. Each document shall be separately indexed. Pages shall be consecutively numbered at the bottom of the page, commencing with the first page of the file if the first filed document is on top or with the bottom page of the file if the last filed document is on top. Notwithstanding ORAP 3.35(1)(b), any transcript of oral proceedings prepared for use by the administrative agency or tribunal and printed on only one side of each page is acceptable on judicial review.

(4) After the court has issued its appellate judgment,1 the record will be returned to the agency unless the court otherwise directs.

(5) The record on judicial review in workers' compensation cases shall be prepared and filed in the manner prescribed in ORS 656.298(6) and this rule.


1 See ORAP 14.05.


Rule 4.35
AGENCY WITHDRAWAL OF ORDERS

* * * * *

(4) (a) (i) Except as provided in subparagraph (ii), after the filing of an order on reconsideration, if the petitioner desires judicial review of the order on reconsideration, the petitioner shall file an amended petition for judicial review or notice of intent to proceed with judicial review within a period equal to that allowed for filing an original petition.1 No filing fee is required for an amended petition.

(ii) If the petitioner on judicial review of an order of the Board of Parole and Post-Prison Supervision desires to continue the judicial review after the Board issues its order on reconsideration, the petitioner shall file a notice of intent to proceed with judicial review within the period equal to that allowed for filing an original petition, unless the court allows additional time.2

(b) A person who is dissatisfied with the order on reconsideration and who does not file under paragraph (4)(a) of this rule may file a petition for judicial review of the order on reconsideration in accordance with statute and these rules.

(c) If no petition or notice of intent to proceed with judicial review is timely filed, the judicial review proceeding in the Court of Appeals will be dismissed.

(5) If the agency has considered any material beyond the present record, the agency shall submit an amended record to the Administrator within 14 days after the filing of a petition, or amended petition for judicial review, or notice of intent to proceed with judicial review. The amended record on review shall be prepared pursuant to ORAP 4.20.

(6) If the petitioner filed a brief before the withdrawal of the order for reconsideration, in addition to filing an amended petition for judicial review or notice of intent to proceed with judicial review as required by paragraph (4)(a) of this rule, the petitioner may give notice to the Administrator of the petitioner's intent to proceed on the original brief. If the petitioner had not filed a brief or desires to file a supplemental brief, the petitioner's brief shall be filed 28 days after the date the amended petition for judicial review or notice of intent to proceed with judicial review was filed or the date the agency submitted the amended record to the Administrator, whichever is later. A respondent's brief, if any, shall be filed within 28 days after the filing of the petitioner's brief or notice that the petitioner will proceed on the original brief.


1 See ORS 183.482(6).

2 See ORS 144.335(10).


Rule 4.40
APPEARANCE BY AGENCY
NOT A PARTY

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(4) If the Supreme Court accepts review in a proceeding in which an agency's order, rule, ruling, policy, or other action is at issue, the agency may intervene by filing a brief. The brief shall be due on the same date that the respondent's brief on the merits on review is due.

* * * * *


Rule 4.66
TIME FOR FILING BRIEFS

(1) Notwithstanding ORAP 5.80, the petitioner's opening brief and excerpt of record shall be served and filed not later than 14 21 days after the filing of the petition for judicial review. Failure to file the opening brief within the time allowed by this rule will result in automatic dismissal of the petition.

(2) The respondent's brief shall be served and filed within 14 21 days after the filing of petitioner's opening brief. If the respondent fails to file a brief within the time allowed by this rule, the cause will be submitted on petitioner's brief and oral argument, and the respondent will not be allowed to argue the case.

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Proposed New Rule

Rule 4.67
LOCAL GOVERNMENT DOCUMENTS

The petitioner shall include copies of all provisions of local government documents (e.g., ordinances, plans) pertinent to its arguments on judicial review in the excerpt of record if the provisions are part of the record or in an appendix to the petitioner's opening brief if the provisions are not part of the record.1


1 To determine whether material properly belongs in the excerpt of record or in an appendix, see ORAP 5.50 and ORAP 5.52.


Rule 5.05
SPECIFICATIONS FOR BRIEFS

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(4) All briefs shall conform to these requirements:

* * * * *

(f) Briefs shall be legible and capable of being read without difficulty. Briefs may be prepared using either uniformly spaced type (such as produced by typewriters) or proportionally spaced type (such as produced by commercial printers and many computer printers). Uniformly spaced type shall not exceed 10 characters per inch (cpi) for both the text of the brief and footnotes. If proportionally spaced type is used, it shall not be smaller than 12 13 point for both the text of the brief and footnotes. Reducing or condensing the typeface in a manner that would increase the number of words in a brief is not permitted. Briefs printed entirely or substantially in uppercase are not acceptable. All briefs shall be double-spaced with double space above and below each paragraph of quotation.

* * * * *


Rule 5.10
NUMBER OF COPIES OF BRIEFS;
PROOF OF SERVICE

(1) Any party filing a brief on appeal or on judicial review in the Court of Appeals shall file with the Administrator* one brief, marked as the original, and 20 copies, except as provided in paragraphs (1)(a) and (1)(b) of this rule.

(a) The original and five copies only need be filed for:

(a) (i) A brief submitted pursuant to ORAP 5.90 and a brief filed in response;

(b) (ii) A respondent's brief confessing error and not opposing the relief sought in the opening brief;

(c) (iii) A brief submitted by a party who is not represented by an attorney and who has been determined to be indigent by the court or whose brief has been copied at the expense of the public institution of which the party is a resident, and a brief filed in response.

(d) Briefs submitted in particular kinds of cases pursuant to general order of the Court of Appeals after completion of a pilot project now in progress testing the feasibility of the Administrator providing additional copies of briefs as needed and billing the parties for the additional copies.

(b) The original and ten copies only need be filed for any case in which the state, a state agency, or a county juvenile department is represented by the Attorney General and the adverse party is represented by appointed counsel compensated by the Office of Public Defense Services at state expense. Under this paragraph, the Administrator may provide additional copies of briefs as needed and bill the parties for the additional copies.

* * * * *


* See ORAP 1.35(1)(a) for the service address of the Administrator.

* * * * *


Rule 5.50
THE EXCERPT OF RECORD

* * * * *

(3) In criminal, civil commitment, and juvenile cases, the excerpt of record shall contain the judgment document or order being appealed, and such other portions of the record as are appropriate to include. In criminal cases in which the defendant appealed after entering a conditional plea of guilty or no contest under ORS 135.335(3), the defendant shall include in the excerpt of record the writing in which the defendant reserved for review on appeal the trial court's adverse determination of a pretrial motion.

(4) In agency review cases, including workers' compensation and the Land Use Board of Appeals cases, the excerpt of record shall include the order of the administrative law judge, the agency, and other administrative tribunal, if part of the lower tribunal's record, together with such other portions of the record as are appropriate to include.2

* * * * *


* * * * *

2 For other requirements for the excerpt of record in Land Use Board of Appeals cases, see ORAP 4.67.


Rule 5.52
APPENDIX

The purpose of an appendix to a brief is to provide, for the convenience of the reader, materials that would be helpful in understanding and resolving an issue raised on appeal. A party appropriately may include in an appendix, for instance, copies of a statute or statutes at issue in the appeal, or copies of cases that are not readily available from standard research sources. A party should not include in the appendix materials from the record of the tribunal from which the appeal is taken that should be in the excerpt of record.1


1 For other requirements for appendices to briefs in Land Use Board of Appeals cases, see ORAP 4.67.


Rule 5.95
BRIEFS CONTAINING CONFIDENTIAL MATERIAL

(1) If a brief contains matter that is, by statute or court order, confidential or exempt from disclosure,1 the party submitting the brief shall file two original briefs:

(a) One brief shall contain the material that is confidential or exempt from disclosure. The title page of the brief shall contain in or under the case caption the words "CONFIDENTIAL BRIEF UNDER ______" followed by the statutory citation or a description of the court order under which confidentiality is claimed.* The material that is confidential or exempt from disclosure shall be italicized, highlighted or otherwise marked so that the court can distinguish between the material that is confidential or exempt from disclosure and the material that is not. The original of the brief shall be placed in a sealed envelope marked "CONFIDENTIAL BRIEF."

(b) One brief shall have the material that is confidential or exempt from disclosure removed or marked out. The title page of the brief shall contain in or under the case caption the words "REDACTED BRIEF UNDER ______" followed by the statutory citation or a description of the court order under which confidentiality is claimed.*

(2) (a) If a brief described in subsection (1) of this rule is filed in the Court of Appeals, the party filing the brief shall file 15 copies of the confidential brief and five six copies of the redacted brief.

(b) If a brief described in subsection (1) of this rule is filed in the Supreme Court, the party filing the brief shall file 10 copies of the confidential brief and seven eight copies of the redacted brief.

* * * * *


1 See, e.g., ORS 36.222(5) regarding confidential mediation communications and agreements; ORS 135.139, ORS 433.045(3), and ORS 433.055 regarding records revealing HIV testing information; ORS 137.077 regarding presentence investigation reports; ORS 179.495 and ORS 192.525 regarding medical records; ORS 179.505 regarding medical records maintained by state institutions; ORS 418.135, ORS 418.747(13), and ORS 419B.035 regarding abuse investigation records; ORS 426.160 and ORS 426.370 regarding records in mental commitment cases; and ORS 430.399(5) regarding alcohol and drug abuse records.

* See Appendix L.


6. SUBMISSION OF CASES, AND ORAL ARGUMENT,
AND; RECONSIDERATION IN COURT OF APPEALS


Rule 6.25
RECONSIDERATION BY COURT OF APPEALS

(1) As used in this subsection, "decision" means an opinion, per curiam opinion, affirmance without opinion, and an order ruling on a motion or an own motion matter that dismisses disposes of the appeal. A party seeking reconsideration of a decision of the Court of Appeals shall file a petition for reconsideration. A petition for reconsideration shall be based on one or more of these contentions:

* * * * *

(4) If a response to a petition for reconsideration is filed, the response shall be filed within seven days after the petition for reconsideration was filed. The court will proceed to consider a petition for reconsideration without awaiting the filing of a response, but will consider a response if one is filed before the petition for reconsideration is considered and decided.*

* * * * *


* See ORAP 9.05(3)(2) regarding the effect of a petition for reconsideration by the Court of Appeals on the due date and consideration of a petition for review by the Supreme Court.


Rule 7.10
PREPARATION, FILING, AND
SERVICE OF MOTIONS

(1) A mMotions, or a responses to a motions and , including a supporting memorandaum shall be on 8-1/2 x 11 inch white paper, printed or typewritten, double-spaced, and securely fastened in the upper left-hand corner with a single staple. The motion or response shall note the names, bar numbers, addresses, and telephone numbers of counsel for all parties or names, addresses, and telephone numbers of parties appearing without counsel, either on the first page of the motion or response, on the signature page, or on the proof of service. The first page of the motion or response shall contain the following information:

(a) The case caption, including appropriate party designations for the parties as they appeared in the court from which the appeal was taken and as they appear on appeal, and the trial and appellate court case numbers; and

(b) A title designating the party filing the motion and one of the motion titles listed in Appendix ___. If more than one motion is contained in a single document, the name of each motion shall be listed in the title.

(2) A memorandum motion or response, including any supporting memorandum, but excluding appendices or exhibits, longer than 20 pages, exclusive of appendices or exhibits, in support of or in opposition to any motion shall include a title page and contain an index of contents, an index of appendices or exhibits, and an index of authorities, each with page references.1 The title page shall be printed on plain white paper and shall contain the following information:

(a) The full case caption, including appropriate party designations for the parties as they appeared in the court from which the appeal was taken and as they appear on appeal, and the trial and appellate court case numbers;

(b) A title designating the party filing the motion or response to a motion and describing the thing being filed, such as "Appellant's Motion for Reconsideration" or "Appellant's Response to Motion to Dismiss"; and

(c) The names, bar numbers, addresses, and telephone numbers of counsel for the parties, and the names, addresses, and telephone numbers of parties appearing without an attorney.

(3) Except as otherwise provided in this rule, a moving or responding party shall file with the Administrator the original motion or response or opposing memorandum with proof of service and nine copies, if in the Supreme Court, or one copy, if in the Court of Appeals. Parties need not file copies of motions for extension of time, consolidation, permission to file reply briefs or extended briefs, appellant's motions to dismiss, or stipulated motions to dismiss.


1 See ORAP 5.35(4)(3).


Rule 8.05
SUBSTITUTION OF PARTIES IN CIVIL CASES;
EFFECT OF DEATH OR ABSCONDING
OF DEFENDANT IN CRIMINAL CASES

* * * * *

(2) On the death of a defendant in a criminal case pending on appeal, either party may move for dismissal of the appeal. If the appeal is from a judgment of conviction and the defendant dies before the Court of Appeals issues its decision or while the Court of Appeals decision is pending on petition for review or reconsideration, the appellate court before which the case is pending shall order that the conviction be vacated and dismiss the appeal. If the defendant dies after issuance of the appellate court decision affirming the conviction and after all right to petition for review has expired, the court shall dismiss the appeal but shall not vacate the conviction.

(2) (a) Any party who learns of the death of a defendant in a criminal case that is pending on appeal shall notify the court and all other parties of the death within 28 days of learning of the death. Any party may move to dismiss the appeal.

(b) If the appeal is from a judgment of conviction, the party filing the notice also may, concurrently with filing the notice of the defendant's death, file a memorandum addressing whether the court should dismiss the appeal or vacate the judgment, or both. Within 28 days of the filing of the notice of the defendant's death, any other party or interested person may file a memorandum addressing the same issues.

(c) When the defendant dies while a case is on appeal from a judgment of conviction and sentence, the presumptive disposition is as follows:

(i) If the defendant has challenged the conviction, the appellate court in which the case is pending will vacate the judgment and dismiss the appeal, except that, if the defendant dies after issuance of the Court of Appeals decision affirming the judgment and after all right to petition for review has expired, the court will dismiss the appeal but will not vacate the judgment.

(ii) If the defendant has challenged only the nonmonetary provisions of the sentence, the court will dismiss the appeal but will not vacate the judgment.

(3) If a defendant in a criminal case, a petitioner in a post-conviction relief proceeding, a plaintiff in a habeas corpus proceeding, a petitioner in a parole review proceeding, or a petitioner in a prison disciplinary case, on appeal of an adverse decision, escapes or absconds from custody or supervision, the respondent on appeal may move for dismissal of the appeal. If the appellant has not surrendered at the time the motion is decided by the court, the court may dismiss the appeal or judicial review. If the court has not been advised otherwise, the court may assume that the appellant has not surrendered when the court considers and decides the motion.


Rule 8.10
WITHDRAWAL, SUBSTITUTION, AND ASSOCIATION
OF ATTORNEYS GENERALLY ON APPEAL

(1) Except as provided in ORAP 8.12, after the filing of a notice of During the pendency of an appeal, an attorney may not withdraw from or substitute new counsel in a case except on order of the appellate court. A motion to withdraw or substitute new counsel must be filed and served on the client and opposing every other partiesy to the appeal, and is subject to ORS 9.380(2) and ORS 9.390.

(2) Except as provided in ORAP 8.12, substitution of attorney shall be accomplished in the manner prescribed in ORS 9.380. The substitution of attorney shall be accompanied by proof of service on all parties to the appeal. U unless it appears otherwise from the record, the court will presume that good and sufficient cause exists for substitution of counsel if both attorneys sign the motion for substitution of counsel. and, o On filing of the motion for the substitution of counsel in proper form and bearing the signatures of both attorneys, the substitution shall be deemed to have been ordered by the appellate court.

(3) An attorney who associates another attorney from a different firm on appeal shall file a notice of association with the appellate court, accompanied by proof of service on every other partiesy to the appeal.

* * * * *


Rule 8.12
APPOINTMENT, WITHDRAWAL, AND
SUBSTITUTION OFCOURT-APPOINTED COUNSEL
OR LEGAL ADVISOR ON APPEAL

(1) (a) During the pendency of an appeal, when a court-appointed attorney moves to withdraw or to substitute counsel, the attorney shall file the motion to withdraw in the appellate court. withdrawal or substitution of court-appointed counsel is subject to subsection (1) of ORAP 8.10. The court shall decide a motion for substitution of court-appointed counsel in accordance with the policies, procedures, standards, and guidelines of the Public Defense Services Commission.1

(b) A court-appointed attorney shall have no obligation to move to withdraw or substitute counsel at the client's request unless the attorney has a good faith basis for the motion.

(2) (a) If court-appointed counsel of record wishes to substitute another court-appointed attorney as counsel for a party, counsel of record first must consult with the Office of Public Defense Services regarding the need for a substitution and who should be substituted as new counsel. Thereafter, if counsel of record files a motion for substitution, in addition to satisfying the service requirements provided in subsection (1) of ORAP 8.10, counsel of record shall serve a copy of the motion on the Office of Public Defense Services. Upon expiration of seven days from the date of filing the motion, unless it appears otherwise from the record, the court will presume that good and sufficient cause exists for substitution of counsel and the substitution shall be deemed to have been ordered by the court if:

(i) Counsel of record has signed the substitution;

(ii) The new attorney to be substituted as counsel for a party has been determined by the Office of Public Defense Services to be qualified for the type of case in which the motion for substitution is filed; and

(iii) No objection is filed to the proposed substitution.

(b) If, after consultation by counsel of record with the Office of Public Defense Services, the Office of Public Defense Services does not concur with the need for substitution of counsel or does not approve the attorney to be substituted into the case, counsel of record may file a motion for substitution of counsel. Any such motion must satisfy the service requirements of subsection (1) of ORAP 8.10, must include proof of service on the Office of Public Defense Services, and is subject to ORAP 7.05 and any other rule relating to motions generally.1

(2)(3) (a) If the client of a court-appointed attorney moves to appoint new counsel based on the client's dissatisfaction with professional services rendered by the attorney, the client shall file the motion in the appellate court.

(b) If a party has a statutory or constitutional right to be represented by court-appointed counsel, the filing of any motion that would result in the party proceeding on appeal or review without counsel constitutes an attempt to waive the right to counsel.2

(c) If the court declines to accept a party's attempt to waive counsel, the court shall give the party an opportunity to file a supplemental pro se brief as provided in ORAP 5.92(2) and (3).

(3)(4) To the extent practicable, the provisions of this rule are applicable to a legal advisor appointed under ORS 135.045(1)(d).3


1 See ORS 138.500(2)(d) regarding substitution of counsel pursuant to the policies and procedures of the Public Defense Services Commission; Public Defense Payment Policies and Procedure 1.7 (Substitution of Appointed Counsel).

2 See ORS 135.045(1)(c) regarding waiver of counsel in criminal cases generally and in death sentence cases. See ORS 138.504 regarding waiver of court-appointed counsel on appeal in criminal cases. See also Hendricks v. Zenon, 993 F2d 664, 668-71 (9th Cir 1993), regarding waiver of the right to counsel on appeal in criminal cases.

3 See ORS 135.045(1)(d) regarding appointment of a legal advisor for a defendant in a criminal case who waives the right to counsel.


Rule 8.15
AMICUS CURIAE

* * * * *

(3) In the Court of Appeals, the application to appear amicus curiae may, but need not, be accompanied by the brief the applicant would file if permitted to appear. In the Supreme Court, the application shall be accompanied by the brief sought to be filed. The form of an amicus brief and the number of copies of the brief shall be subject to the same rules as those governing briefs of parties.2

* * * * *

(5) With respect to review in the Supreme Court:

(a) A person wishing to appear amicus curiae may seek to appear in support of or in opposition to a petition for review, on the merits of the case on review, or both.

(b) Unless the court grants leave otherwise for good cause shown, an application to appear amicus curiae in support of or in opposition to a petition for review shall be filed within 21 14 days after the filing of a petition for review.

(c) Unless the court grants leave otherwise for good cause shown, an application to appear amicus curiae on the merits of a case on review shall be filed:

(i) On the date the brief is due of the party on review with whom amicus curiae is aligned,

(ii) On the date the brief of petitioner on review is due, if amicus curiae is not aligned with any party on review, or

(iii) Within 28 days after review is allowed, if petitioner on review has filed a notice that petitioner does not intend to file a brief on the merits or has filed no notice, regardless of the alignment of amicus curiae.

(d) If a person filing an application to appear amicus curiae wishes to file one brief in support of or in opposition to a petition for review and on the merits of the case, the application and brief shall be filed within the same time that an application to appear in support of or in opposition to a petition for review would be filed. If a person has been granted permission to appear amicus curiae in support of or in opposition to a petition for review and the Supreme Court allows review, the person may file an amicus curiae brief on the merits without further leave of the court.

* * * * *


* * * * *

2 See ORAP 5.05 to 5.30, ORAP 5.52, ORAP 5.77, and ORAP 5.95, ORAP 9.10, and ORAP 9.17 concerning requirements for briefs.

* * * * *


Rule 8.20
EFFECT OF BANKRUPTCY PETITION

(1) Whenever a party by motion shows that a case on appeal is subject to the stay provisions of 11 USC § 362(a)(1)1 (relating to bankruptcy proceedings), the court shall enter an order holding the appeal in abeyance and hold the appeal in abeyance until it is shown to the court's satisfaction that the stay has been lifted or that 11 USC § 362(a)(1) is not applicable to the case.

* * * * *


Rule 8.50
SEGREGATION OF
PROTECTED PERSONAL INFORMATION

(1) For purposes of this rule, "protected personal information" is information that:

(a) Identifies a person beyond that person’s name (e.g., Social Security number, maiden name, driver license number, birth date and location) or identifies a person’s financial activities (e.g., credit card number, credit report, bank account number or location); and

(b) The appellate court is permitted to maintain as confidential and not subject to public inspection.

(2) (a) A person or entity required to file a document in the appellate court that contains protected personal information may submit that information on a separate document together with a motion describing the information and requesting that the appellate court keep the separate document segregated from the appellate court file. The moving party shall serve a copy of the motion on all other parties to the appeal, review, or other proceeding. During the pendency of the motion, the separate document will not be available for public inspection.

(b) A person or entity who has filed a document in the appellate court that contains protected personal information may submit a motion to replace the document with a document that redacts the protected personal information and requesting that the appellate court keep the original document segregated from the appellate court file. The moving party shall submit the proposed redacted document with the motion. The moving party shall serve a copy of the motion and the proposed redacted document on all other parties to the appeal, review, or other proceeding. During the pendency of the motion, the document containing protected personal information will not be available for public inspection.1

(3) If the court grants the motion, then the court will segregate the separate document containing protected personal information from the appellate court file. The motion will remain in the appellate court file. Any request for public inspection of such a separate document containing protected personal information must be made in writing, filed with the appellate court, and served on all other parties to the appeal, review, or other proceeding.


1 Chief Justice Order No. __-____, issued _________, ____, under authority of ORS 1.002(1)(a) and ORS 21.020(2), and except as provided in ORS 21.580, prescribes a fee of $25.00 per case and $1.00 per existing appellate file page replaced with redacted entries.

See Oregon Laws 2003, chapter 380, adopting ORS 187.840 and amending other statutes and protecting the confidentiality of Social Security numbers.


Rule 10.15
JUVENILE DEPENDENCY, TERMINATION OF
PARENTAL RIGHTS, AND ADOPTION CASES

JUVENILE DEPENDENCY AND ADOPTION CASES

(1) (a) Subsections (2) through (10) of this rule apply to: (a) an adoption case and A a juvenile dependency case under ORS 419B.100, including but not limited to a case involving jurisdiction, disposition, permanency, or termination of parental rights, but excluding a support judgment under ORS 419B.400 to 419B.408. unless, on motion of a party or on the court's own motion, the Court of Appeals directs otherwise;

(b) A termination of parental rights case under ORS chapter 419B; and

(c) An adoption case.

(b) On motion of a party or on the court's own motion, the Court of Appeals may direct that a juvenile dependency case under ORS 419B.100, except a termination of parental rights case, be exempt from subsections (2) through (10) of this rule.

* * * * *

(3) (a) In a juvenile dependency case, if the transcript has not already been filed, within seven days after the date of the order directing that the case be expedited, appellant shall make arrangements for preparation of the transcript. In a termination of parental rights case, wWithin seven days after filing the notice of appeal or appointment of counsel on appeal, whichever is later, appellant shall make arrangements for preparation of the transcript. If appellant is indigent, appellant shall make arrangements for preparation of the transcript by causing an order for preparation of the transcript at state expense to be served on the transcript coordinator.

* * * * *


Rule 11.05
MANDAMUS:
INITIATING A MANDAMUS PROCEEDING

* * * * *

(5) The relator shall accompany the petition with:

(a) A copy An excerpt of the order or decision, if the mandamus proceeding challenges a written order or decision, which shall be attached to the petition.

(b) A copy of such portions of the record relating to the matter as is necessary for a determination of the question or questions presented and the relief sought, if the mandamus proceeding arises from a matter in which a record has been made.

(c) A memorandum of law with supporting arguments and citations. The form of the memorandum shall comply with ORAP 7.10(1) and (2).

(d) In a mandamus proceeding that challenges the action of the Court of Appeals, the Tax Court, or a judge in a particular case in the circuit court, the relator need not accompany the petition with a proposed form of writ of mandamus; in any other mandamus proceeding, the relator shall do so.

(6) The form of a petition shall comply with ORAP 5.05(4)(c) through (h). Relator shall assemble and submit the petition, the record (if any a record was made in the matter from which the mandamus proceeding has arisen), and the memorandum in support of the petition as separate documents, and file the original and nine copies with the Administrator. The excerpt of record shall be prepared in compliance with ORAP 5.50(6)(a), (b), and (c). If the excerpt of record is more than 50 pages, relator need file only two copies of the record.

* * * * *


Rule 11.30
BALLOT TITLE REVIEW

* * * * *

(6) The respondent or respondents shall be allowed five business days after the filing of the petition, unless a shorter time is ordered by the court, to file an answering memorandum. Any answering memorandum shall be in the form prescribed by ORAP 7.10 for answers to motions and shall not be longer than 10 pages, except that when the court has consolidated review of more than one petition to review a ballot title in one proceeding, the length of the answering memorandum may be increased by five pages per each additional petition. The original and nine copies of the answering memorandum shall be filed, with proof of service on counsel for the petitioner.

* * * * *

(9) The petitioner or petitioners shall be allowed five business days after the filing of the answering memorandum, unless a shorter time is ordered by the court, to file a reply memorandum. Any reply memorandum shall be in the form prescribed by ORAP 7.10 for answers to motions and shall not be longer than five pages. The original and nine copies of the answering reply memorandum shall be filed, with proof of service on counsel for the petitioner respondent.

* * * * *

(11) For proceedings in which the Attorney General has filed a modified ballot title after referral from the Supreme Court, the petitioner in the ballot title review proceeding may file an objection to the modified ballot title within five business days from the date of filing of the modified ballot title. The objection must be filed with and actually received by the Administrator and must be served on and actually received by the Attorney General within five business days from the date of filing of the modified ballot title. The objection and may be filed and served by telephonic facsimile communication as provided by ORAP 7.35(3).** The Attorney General may not file a respondse to the objection unless the court requests a response, provided that the court will not sustain an objection to a modified ballot title unless the court has given the Attorney General the opportunity to respond. If the court requests a response, the response shall be due within five business days of the date of the request, unless the court otherwise directs filing of the objection, unless the court otherwise directs. If the petitioner does not file a timely objection, then the court shall certify the modified ballot title, and the Administrator shall issue the appellate judgment on the next judicial day after the time for filing an objection expires.

* * * * *


* * * * *

** The facsimile transmission number for the Administrator is (503) 986-5560. The facsimile transmission number for the Attorney General (Appellate Division) is (503) 378-6306.


Rule 13.15
APPEAL OF PUBLIC DEFENSE SERVICES COMMISSION
DECISION REGARDING COURT-APPOINTED COUNSEL
COMPENSATION, COSTS, AND EXPENSES

* * * * *

(2) The person who submitted the payment request shall take an appeal by filing a motion for review of the executive director’s decision in the court in which all or a majority of compensation and expenses were incurred. The person shall accompany the motion with a copy of the request for payment as submitted to the Public Defense Services Commission and a copy of the executive director’s disposition of the request. The person shall serve a copy of the motion on the executive director of the Public Defense Services Commission and shall include with the motion proof of service on the executive director.


Rule 13.25
PETITIONS AND MOTIONS FOR DAMAGES
AND SANCTIONS

(1) Damages under ORS 19.445, attorney fees under ORS 20.105, and reasonable expenses (including attorney fees) under ORAP 1.40(3) and ORCP 17 C D are recoverable only by petition filed within 21 days after the decision deciding the appeal or review in the manner provided in ORAP 13.10. A request for damages, attorney fees, and reasonable expenses should not be included in the party's brief.

(2) A motion for reasonable expenses (including attorney fees) under ORAP 1.40(3) and ORCP 17 C D based on the filing of a motion or thing shall be included in the answer or objection to the motion, statement of costs and disbursements, or petition for attorney fees to which the motion for sanctions relates.


Rule 14.05
APPELLATE JUDGMENT

(1) As used in this rule,

(a) "Appellate judgment" means a decision of the Court of Appeals or Supreme Court together with a final order and the seal of the court.

(b) "Decision" means a designation of prevailing party and allowance of costs together with,

(i) In an appeal from circuit or tax court, or on judicial review of an agency proceeding, an order dismissing disposing of the appeal or judicial review or affirming without opinion; or with respect to a per curiam opinion or an opinion indicating the author, the title page of the opinion containing the court's disposition of the appeal or judicial review.

* * * * *


Rule 15.05
APPELLATE SETTLEMENT CONFERENCE PROGRAM

* * * * *

(4) Abeyance of Appeal

(a) (i) On assignment of a case to the program, the court will hold preparation of the transcript and the record, and briefing, in abeyance for a period of 120 days from the date of the notice of assignment of the case to the program. During that time, a party to the appeal may file an amended designation of record. A party wishing to hold in abeyance any other aspect of the appeal or seeking an extension of time to complete any other task required by law or by the Oregon Rules of Appellate Procedure must file an appropriate motion with the court.1

(ii) At the end of the 120-day abeyance period, if the parties have engaged in settlement negotiations and need more time to reduce the settlement to writing or to implement a settlement, the parties any party may request the program director to order, and the program director may order, an extension of the abeyance period for up to 60 days. After the extension granted by the program director, if the parties need more to time to complete or implement the settlement, the parties may move the court for an extension of time. If all parties to an appeal agree to an extension for longer than 60 days, the Director may extend the abeyance period for as long as reasonably necessary to implement a settlement.

(b) If a respondent files a motion to dismiss the appeal or an appellant files a motion to stay enforcement of the judgment when the case is being held in abeyance, in addition to serving a copy of the motion on all other parties to the appeal, the respondent party shall serve a copy of the motion on the program director accompanied by a letter of transmittal stating whether respondent the party prefers that the motion to dismiss be decided before the case proceeds in the program. The program director may direct that the case proceed in the program or may terminate the referral. If the program director terminates the referral and if the court denies the motion to dismiss, the case will may be re-referred to the program after the court disposes of the motion to stay enforcement or denies the motion to dismiss.

(c) The Chief Judge 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 program director's own motion; or

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

* * * * *

(7) Appellate Settlement Conference Program Fees

(a) For the purposes of this paragraph, multiple parties who are represented by the same attorney or attorneys shall be deemed to be a single party. Except as provided in paragraphs (c) and (d) of this subsection, each party to the appeal who participates in the program shall pay the program fee prescribed in this subsection. Each party shall pay the program fee directly to the neutral or, if instructed by the program director, to the Judicial Department Appellate Settlement Conference Program Account.2 Except as provided in paragraph (f) of this subsection, each party shall pay the program fee no later than the date of the first settlement conference. In workers' compensation cases, each party shall pay a fee of $150; in all other cases, each party shall pay a fee of $250 $350.

(b) (i) The program fee shall cover an initial settlement conference of up to six five hours in duration of settlement conference time whether or not the settlement conference involves more than one session.

(ii) In unusual cases, if the neutral reasonably needs more than one hour of preparation time, the neutral may contact the Director and the Director may contact the parties to discuss whether to exclude the additional preparation time from the five-hour settlement conference time.

(iii) If the parties agree to extend the settlement conference beyond the initial six five hours, the parties shall compensate the neutral for any additional time that is expended and recorded by the neutral, with the total cost of the additional time being shared equally by the parties. at the rate of The rate shall be $125 $150 per hour.

(c) For the purposes of paragraphs (a) and (b) of this subsection, multiple parties who are represented by the same attorney or attorneys shall be deemed to be a single party.

(c) If an individual or entity who is not a party to the appeal participates in the settlement conference as part of an attempt to reach a global resolution of a dispute or disputes outside the scope of the appeal but involving some or all of the parties to the appeal, the Director may require each such individual or entity to pay the mediation fee prescribed in paragraph (a) of this subsection.

(d) The Chief Judge or the Chief Judge's designee may waive or defer payment of the program fee on motion of a party based on a showing that the party is financially unable to pay the fee without substantial economic hardship in providing basic economic necessities to the party or the party's dependent family. If liability for payment of a party's share of the program fee is waived or deferred, that party's portion of the program fee shall be paid by the program from funds appropriated for that purpose.

(e) When a settlement conference is conducted by a neutral, an administrative law judge, "Plan B" retired judge, or other person who does not accept a fee for the services, the parties shall make the program fee payable to the Judicial Department Appellant Appellate Settlement Conference Program Account and mail it to: Appellate Settlement Conference Program, 1163 State Street, Salem, OR 97301.

(f) A party whose program fee is deferred and who has not paid the fee by the conclusion of the settlement conference shall remain liable for the unpaid fee, unless the fee is waived following completion of the settlement conference. If a party's program fee has been paid by the program and the party thereafter pays the fee, the fee shall be paid to the program as provided in paragraph (e) of this subsection.

* * * * *


1 See ORAP 3.40 regarding the due date of a motion to correct a transcript filed while an appeal is being held in abeyance pending mediation under this rule.

2 Whenever the program fee is payable directly to the program, the check should be made payable to "A.S.C.P., Or. Judicial Dept." and mailed or delivered to: Appellate Settlement Conference Program, 1163 State Street, Salem, OR 97301.

See ORS 2.560(3)


APPENDIX A
Illustration for ORAP 2.05

* * * * *

4.

Appellant designates the record in its entirety, including the trial court file, all exhibits, and the record of oral proceedings.

[or]

Appellant designates only the following portions of the record: ___ the trial court file; ___ all exhibits; ___ the transcript or audio record of the following oral proceedings: _______________________________________ ; other: ___________________________________________.

* * * * *


Proposed New Appendix

APPENDIX ___

[Note: The following is a draft list of approved motion titles,
as indicated in proposed amended Oregon Rule of Appellate
Procedure 7.10(2)(b). An updated list, which is anticipated to be
substantially similar, will be published with the final approved
2007 amendments to the Oregon Rules of Appellate Procedure.]

List of Approved Motion Titles for ORAP 7.10(2)(b)1

MOET2 -- Correct Brief

MOET -- Extend Time in Settlement Conference Program

MOET -- File Agency Record

MOET -- File Agreed Narrative Statement

MOET -- File Amicus Brief

MOET -- File Answer to Motion

MOET -- File Answer to Petition for Attorney Fees

MOET -- File Cost Bill

MOET -- File Cross-Answering Brief

MOET -- File Cross-Opening Brief

MOET -- File Cross-Reply Brief

MOET -- File Intervenor's Brief

MOET -- File Motion for Leave to File a Reply Brief

MOET -- File Motion for Leave to File an Extended Brief

MOET -- File Motion for Sanctions

MOET -- File Motion to Correct Agency Record

MOET -- File Motion to Correct Transcript

MOET -- File Objection to Cost Bill

MOET -- File Opening Brief

MOET -- File Petition for Attorney Fees

MOET -- File Petition for Reconsideration

MOET -- File Petition for Review (Supreme Court)

MOET -- File Reply

MOET -- File Reply Brief

MOET -- File Reply to Answer to Petition for Attorney Fees

MOET -- File Reply to Objection for Cost Bill

MOET -- File Respondent's Brief

MOET -- File Response to Order to Show Cause

MOET -- File Response to Status Request

MOET -- File Revised Order on Reconsideration

MOET -- File Supplemental Brief

MOET -- File Transcript

MOET -- Other

MOET -- Pay Filing Fee

MOET -- Provide Copy of Judgment/Order Being Appealed

MOET -- Provide Service of Document

Motion -- Allow Oral Argument

Motion -- Amend Brief

Motion -- Amend Designation of Record

Motion -- Appear Amicus Curiae

Motion -- Appoint Counsel

Motion -- Appoint Counsel and for State-Paid Transcript

Motion -- Appoint Legal Advisor

Motion -- Appoint Special Master

Motion -- Assign to Settlement Conference Program

Motion -- Authorize Service

Motion -- Consolidate Cases

Motion -- Correct/Amend Record

Motion -- Default Order

Motion -- Determine Jurisdiction

Motion -- Dismiss - Appellant/Petitioner

Motion -- Dismiss - Non-Appellant/Non-Petitioner

Motion -- Dismiss - Settlement

Motion -- Dismiss - Stipulated

Motion -- Disqualify Judge/Justice

Motion -- Excerpt of Record Preparation

Motion -- File Additional Authorities

Motion -- File Additional Evidence

Motion -- File Extended Brief/Excerpt/Appendix

Motion -- File Extended Petition for Review

Motion -- File Late Appeal

Motion -- File Late Brief

Motion -- File Late Transcript

Motion -- File Reply Brief

Motion -- File Supplemental Brief

Motion -- Hold In Abeyance

Motion -- Hold In Abeyance - Bankruptcy

Motion -- Inspect Sealed/Confidential Material

Motion -- Intervene

Motion -- Issue Appellate Judgment - Stipulated

Motion -- Law Student Appearance

Motion -- Leave to Proceed

Motion -- Modify Case Title

Motion -- Other

Motion -- Out of State Counsel

Motion -- Postpone Oral Argument

Motion -- Present Oral Argument

Motion -- Reactivate Case

Motion -- Reactivate Case from Settlement Conference Program

Motion -- Reactivate Petition for Review

Motion -- Recall Appellate Judgment

Motion -- Reconsider Order

Motion -- Reinstate Case

Motion -- Release Transcript

Motion -- Relief From Default

Motion -- Remand Agency - Other

Motion -- Remand Agency - Take Additional Evidence

Motion -- Remand Non-Agency

Motion -- Remove Court Appointed Counsel and Proceed Pro Se

Motion -- Request Appointment of Masters in JFC Proceeding

Motion -- Request Assignment of Judge in Class Action

Motion -- Request Record/Exhibits

Motion -- Restraining Order

Motion -- Review of PDSC Payment Decision

Motion -- Review Under ORAP 8.40

Motion -- Sanctions

Motion -- Seal Case/Make Case Confidential

Motion -- Seal Materials/Make Materials Confidential

Motion -- Settle Transcript

Motion -- Sever Cases

Motion -- Show Cause

Motion -- State Paid Transcript

Motion -- Stay Enforcement of Appellate Judgment

Motion -- Stay Issuance of Appellate Judgment

Motion -- Stay Previous Judgment/Order

Motion -- Stay Trial Court Proceedings

Motion -- Strike

Motion -- Submit on Briefs

Motion -- Submit on Record

Motion -- Substitute Appointed Counsel

Motion -- Substitute Party

Motion -- Substitute Retained Counsel

Motion -- Summary Affirmance

Motion -- Summary Determination of Appealability

Motion -- Summary Reversal

Motion -- Supplement Record

Motion -- Suspending Judge/Lawyer Pending Disability/Disciplinary Proceeding

Motion -- Take Judicial Notice

Motion -- Transmission of Part of Record Not Designated

Motion -- Vacate and Remand - Joint

Motion -- Waive Court Rules

Motion -- Waive Transcript

Motion -- Waive/Defer Filing Fee

Motion -- Waive/Defer Settlement Conference Program Fee

Motion -- Withdraw as Court Appointed Counsel

Motion -- Withdraw as Retained Counsel

Motion -- Withdraw Filing


1 The courts may modify this list of approved motion titles between publication dates of the Oregon Rules of Appellate Procedure. The updated list will be available on the Judicial Department's website, www.ojd.state.or.us. In the menu bar, select "RULES." From the "Rules" menu box, select "Oregon Rules of Appellate Procedure" and click on "view," then select "Appellate Motion Titles."

2 Motion for Extension of Time.


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