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Oregon Appellate Attorney

The Oregon Rules of Appellate Procedure set forth all the rules governing criminal and civil appeals in Oregon.

Appellate law can be complex and hard to follow, even for experienced lawyers.  The rules vary depending on the type of appeal (criminal, family, or civil), and sometimes they vary within the same type.  And appellate judges are strict on compliance.  Miss a deadline, and your appeal may be over before it really starts. 

This article is not to meant to be comprehensive but will provide a basic outline of the typical appeal process. 

In general, the Oregon appeals process can be divided into six (6) main stages: 

Step 1: Notice of Appeal

To start an appeal, you file a written notice of appeal with the trial court. This initial document does two things: (1) officially tells the court that you are going to appeal; and (2) states the specific decision or order that you are appealing.

In Oregon, you must generally file an appeal within 30 days of the date of the judgment.  In a criminal case, the “judgment' typically means the date of your criminal judgment (i.e. the date you pleaded guilty or were sentenced). 

In a family law case, the judgment most likely refers to the date your divorce or parenting plan became final.  In a general civil case, the judgment means the final decision in the case, such as the date the court awarded you a money judgment or dismissed your complaint. 

FAQ: Filing an Appeal in Oregon

Designation of the Record

As part of the notice of appeal, you tell the Oregon Court of Appeals which parts of the trial record you want the trial court to send to the appellate courts. 

You have the option of designating the entire record or certain portions of the record.  When in doubt, you should designate the whole record. 

You must also designate any audio or video recordings and whether you want the trial court to transcribe these recordings.  If yes, you list the dates of each hearing

Where do you file a notice of appeal?

You file the notice of appeal with the Oregon Court of Appeals, which is located in Salem  You can file your notice electronically. 

Step 2: Trial Court Prepares Record

After the trial court receives notice of your appeal, the clerk's office prepares the record (or portions of the record) that you have designated.  

If you have designated a transcript, you must make arrangements with the trial court transcript coordinator to prepare for and pay for the transcript.  Upon payment, the trial court will assign a transcriptionist, who will produce the transcript and file it electronically with the appellate court.  This must be done within 30 days after you file your notice of appeal, so you need to move quickly.

Step 3: The Briefs

Once the trial record is complete, you will start drafting your “brief,” which means your written submission to the appellate court for why you should win. 

Appellant's Opening Brief

You must file your opening brief no later than 49 days after the record is complete.  This generally means the date the trial court has served the transcript on both parties. 

As part of your brief, you must include an excerpt of record.  In simplest terms, the except includes the documents that the appellate court will need to determine the merits of your appeal. At a minimum, you must include:

The underlying judgment that you are appealing

Any trial court rulings that address issues you are raising in the appeal

A copy of the “register of actions” if the case started in the Oregon Circuit Court (the “register of actions” provides a procedural history of the case from start to when you filed the appeal)

Respondent's Answering Brief

If you were the “winning” party at the trial court or circuit court level, you can challenge the appeal.  The answering brief generally follows the same format of the answering brief (you'll want to consult the appellate rules for all the specifics). 

You must file the response brief within 49 days of receiving the appellant's opening brief. 

Do I have to respond to the appellant's opening brief.

Technically, no.  But it's a big gamble not to. 

Under ORAP 5.60, if you do not file a response brief, the Oregon Court of Appeals will only review the appellant's brief.  Additionally, only the appellate will be allowed to present argument, if the appellate court grants oral argument.

If the appeal is weak, your gamble may pay off because the Court of Appeals will likely uphold the circuit court's ruling regardless.  But if the appeal has merit, you will be harming yourself by doing nothing.

Appellant's Reply Brief (optional)

The appellant gets the final word before the appellate court decides the case.  You may file a reply brief within 21 days of receiving the respondent's answering brief.  You cannot raise new issues in your reply brief, but instead you can respond to the specific arguments the opposing party made in the response.   

Step 4: Oral Argument

Contrary to popular belief, the appellate courts do not always require oral argument.  In Oregon, if you want oral argument, you must specifically request it. 

To request oral argument, you must complete and file an “Oral Argument Appearance Request.”  In this form, you tell the Court of Appeals whether you prefer oral argument and, if oral argument occurs, how you want to appear (i.e. in-person or remote).

In general, you must file an Oral Argument Appearance Request form no later than 14 days after the filing of the answering brief. 

If neither party requests oral argument, the appellate court will decide the case on the briefs alone. 

Step 5: Decision

After hearing arguments and reviewing the record, the court will then issue a written decision. 

Typically, the court will not rule immediately but will take the case “under advisement” and issue a written ruling later. This may take several weeks but could be several months, especially in the Court of Appeals.

If you disagree with the Court of Appeals' decision, you can file a motion for reconsideration.  In a reconsideration motion, you must try to persuade the appeals court that it made a mistake in its original ruling.  

You must file any motion to reconsider within 14 days of the decision.  

Step 6: Petition for Review

If you lose in the Oregon Court of Appeals, you can file a petition for review in the Oregon Supreme Court.  

You must file a petition for review no later than 35 days after receiving the decision in the Court of Appeals.  (If you filed and lost a motion for reconsideration, you have 35 days from the date of the order denying your reconsideration motion). 

After reviewing the record and additional briefing, the Supreme Court will decide whether to affirm or overturn the Court of Appeals. 

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