How long do I have to file an appeal in Oregon?
In general, you must file a notice of appeal within 30 days after an Oregon court enters a judgment.
In a criminal case, the “judgment” means the judgment and sentence form. In a civil case, the “judgment” varies depending on the type of case. If the court awards you damages after a lawsuit, the order on damages is the judgment. the court dismisses your case for insufficient evidence, the dismissal order becomes an appealable final judgment.
How much does it cost to file an appeal?
In general, you must pay $391 to file a notice of appeal in the Oregon Court of Appeals. This is also how much it costs to file a petition for judicial review in the Oregon Supreme Court.
Can I file a notice of appeal electronically?
Yes.
You can e-file a notice of appeal using the Oregon appellate courts e-filing portal. You do not need to be an attorney to register for e-filing.
How do I serve the notice of appeal on the opposing party?
Even though you can electronically file a notice of appeal in Oregon, you can't necessarily serve a notice of appeal via email.
Under the Oregon Rules of Appellate Procedure (ORAP), you cannot serve a document electronically if the document “initiates” a case in the Court of Appeals or the Supreme Court. By definition, a notice of appeal “initiates” a new appeal.
How long do I have to prepare and file the trial transcript?
30 days after you filed your notice of appeal.
You can request an extension for good cause, which the appellate court will usually grant. For example, the transcriptionist you hired gets sick and needs more time. Or the trial transcript is unusually long.
What does it mean when the Court of Appeals “settles” the transcript?
This is a fancy way of saying the appellate court determines the transcript (or transcripts) filed are complete and accurate.
Let's assume the appellant (the moving party) hires a transcriptionist, who files the transcript. After reviewing the transcript, the opposing party may think the transcript is incomplete, and he has the right to file a motion to correct or add the transcript.
At this point, the trial court has two options: First, it can grant the request and set a new deadline to produce additional transcripts; or second, the court can deny the motion. If the court denies the motion, the court enters an order deeming the transcript ‘settled.”
If no one challenges the original transcript within 15 days of filing, the transcript is deemed automatically settled.
How long do I have to file my opening brief?
49 days. You must file your opening brief no later than 49 days after filing your notice of appeal, or 49 days after the date the transcript is deemed settled. You can request an extension for good cause.
How long does the other party have to file a response brief?
49 days. Once you file your brief, your opponent has the same number of days to respond, unless the court grants an extension.
Will the Court of Appeals schedule oral argument before ruling?
Not necessarily.
Under the appellate rules, each party can request oral argument, but the court may refuse to hear argument. Whether oral argument happens depends on whether the judges feel argument will help them decide the case. If the parties' briefs are comprehensive and the issue has come before the judges in the past, oral argument may add very little.
How can I appeal a decision from the Oregon Board of Parole and Post-Prison Supervision?
The Board of Parole is responsible for setting supervision requirements for defendants who have been released from Oregon prison. For example, if you serve time for manufacturing cocaine, the Board will likely impose a release condition that you cannot go into certain drug areas in the county.
The Board also determines whether to grant your request to be relieved of your duty to register as a sex offender.
To appeal a Board ruling, you cannot go straight to court. First, you have to file a request for administrative review within 45 days of the Board ruling. In essence, you are asking the Board to change its mind. You cannot e-mail this request; instead, you must send it via first-class mail, preferably with a return receipt.
If you lose your administrative review, then—and only then—can you move to the Oregon courts. To request judicial review, you must file a petition for review with the Court of Appeals no later than 60 days from the date the Board mailed the administrative review response to you.
