Oregon Rules of Appellate Procedure

Oregon Rules of Appellate Procedure
Name	Oregon Rules of Appellate Procedure
Jurisdiction	Oregon
Court	Oregon Supreme Court, Oregon Court of Appeals
Citation	ORAP
Enacted	1969
Amended	ongoing

Oregon Rules of Appellate Procedure.

The Oregon Rules of Appellate Procedure govern practice before the Oregon Supreme Court and the Oregon Court of Appeals and set procedures for appeals arising from trial courts such as the Multnomah County Circuit Court and the Jackson County Circuit Court. The rules interface with statutory authorities like the Oregon Revised Statutes and with institutions including the Oregon State Bar, the Judicial Department (Oregon), and administrative bodies such as the Oregon Tax Court. They operate alongside national precedents from bodies such as the United States Supreme Court, the Ninth Circuit Court of Appeals, and procedural norms influenced by the Federal Rules of Appellate Procedure.

Overview

The rules provide standardized procedures for appellate filings, briefs, records, and oral argument before the Oregon Supreme Court and the Oregon Court of Appeals, connecting trial outcomes from courts like the Lane County Circuit Court and the Clackamas County Circuit Court to appellate review mechanisms modeled in part on practices of the California Courts of Appeal, the Washington Court of Appeals, and the Idaho Supreme Court. They define deadlines, service requirements, and clerk responsibilities reflecting administrative protocols used by the State Court Administrator (Oregon), the Multnomah County Law Library, and bar organizations such as the Oregon Trial Lawyers Association.

Scope and Applicability

The rules apply to appeals, petitions for review, petitions for post-conviction relief appeals from jurisdictions including the Marion County Circuit Court and the Deschutes County Circuit Court, and to disciplinary matters involving the Oregon State Bar. They interact with statutes like selections from the Oregon Constitution, statutory standards in the Oregon Revised Statutes, and federal doctrines articulated by the United States Court of Appeals for the Ninth Circuit. They also guide practitioners from law firms such as regional offices of Stoel Rives, Perkins Coie, and public agencies including the Oregon Department of Justice when litigating in appellate forums.

Structure and Organization of the Rules

The rules are organized into numbered sections addressing jurisdiction, commencement of appeals, preparation of records, briefing schedules, motions, extensions, sanctions, and oral argument procedures, paralleling organizational schemes found in the Federal Rules of Appellate Procedure and the rules of the New York Court of Appeals. Administrative appendices address electronic filing, forms, and fee schedules coordinated with the Oregon Judicial Information Network and clerks of the Oregon Supreme Court and the Oregon Court of Appeals. Advisory committees, with participation from members of the Oregon State Bar, the Oregon Law Institute, and former judges of the Oregon Court of Appeals, recommend updates.

Key Procedural Provisions

Key provisions establish standards for perfecting appeals from decisions of the Multnomah County Circuit Court, for filing petitions for review invoking the Oregon Supreme Court's discretionary jurisdiction, and for handling interlocutory appeals in contexts such as eminent domain actions under precedents like Kinzua Dam-era litigation analogues and land use appeals involving the Land Use Board of Appeals (Oregon). Provisions specify requirements for counterdesignations, inclusion of exhibits from agencies like the Oregon Department of Transportation, and treatment of sealed records in cases reminiscent of State v. Smith-type criminal appeals. Sanction and contempt standards mirror approaches taken in state systems including the Texas Courts of Appeals and administrative rules for judicial conduct influenced by the American Bar Association.

Filings, Briefing, and Oral Argument

The rules set page and formatting limits, filing deadlines, service protocols, and electronic filing procedures with the Oregon Judicial Information Network and clerks at the Oregon Supreme Court. Briefing rules address statement of facts, assignments of error, standards of review citing frameworks used by the United States Supreme Court and the Ninth Circuit Court of Appeals, and appellate citation practices comparable to guidance from the Bluebook and the Oregon State Bar's style guidance. Oral argument procedures allocate time, manage amici curiae participation (including entities like the ACLU of Oregon and the Oregon Farm Bureau Federation), and permit telephonic or video participation consistent with administrative orders from the Chief Justice of the Oregon Supreme Court.

Appeal and Review Processes

The rules delineate procedures for appeals as of right, petitions for review, certified questions, and extraordinary writs such as mandamus and habeas corpus, intersecting with statutory remedies under the Oregon Revised Statutes and constitutional claims under the Oregon Constitution. They prescribe standards for summary disposition, rehearing, and remand to trial courts including the Washington County Circuit Court, and coordinate removal or transfer considerations when federal review via the United States Supreme Court or the Ninth Circuit Court of Appeals is sought. Appellate case management tools include calendaring, mediation referrals akin to programs in the Oregon Mediation Association, and expedited processing for matters involving public safety agencies like the Oregon State Police.

Amendments, History, and Authority

The rules have evolved since their initial adoption in the late 1960s through amendments proposed by advisory committees composed of judges from the Oregon Court of Appeals, members of the Oregon State Bar, and scholars from institutions such as the University of Oregon School of Law and the Willamette University College of Law. Changes are promulgated by the Oregon Supreme Court under authority granted by the Oregon Constitution and receive input from bodies like the Oregon Legislature and the State Court Administrator (Oregon). Historical influences include procedural reforms inspired by the Federal Rules of Civil Procedure, model rules from the American Bar Association, and comparative practices from neighboring jurisdictions such as the Washington State Supreme Court.

Category:Oregon law