Draft ORAP Amendments for comment and new Appellate Almanac!

The Oregon Court of Appeals has provided this draft of its proposed temporary ORAP amendment for practitioner commentary.  All comments are due March 31, 2022, so don’t miss your chance for feedback!

In other news, the 2021 Appellate Almanac is now live!  It contains lots of great content (the results of the Great Oregon Space Debate and more!) and a copy of the proposed rules too.

Oregon Appellate Courts Amend Rules of Appellate Procedure, Effective Jan 1

The Oregon Supreme Court and Oregon Court of Appeals have approved a package of permanent amendments to the Oregon Rules of Appellate Procedure (ORAP).  The amendments, which were prepared by the ORAP Committee, will become effective January 1, 2021.

The Chief Justice Order / Chief Judge Order adopting those amendments is available online at:

https://www.courts.oregon.gov/courts/appellate/rules/Pages/orap.aspx  (“CJO 20-042/CJO 20-05 Order Adopting Permanent Amendments to ORAP”)

and at:

https://www.courts.oregon.gov/publications/other/Pages/misc.aspx  (“Adoption of Amendments to the Oregon Rules of Appellate Procedure (Advance Sheets 25)”)

A clean version of the ORAPs incorporating those amendments will be posted in December.

For questions, please contact the ORAP Committee at [email protected].

New Amendments to Oregon Rules of Appellate Procedure effective Jan 1

The Oregon Supreme Court and Oregon Court of Appeals have approved a package of permanent amendments to the Oregon Rules of Appellate Procedure (ORAP).  The amendments, which were prepared by the ORAP Committee, will become effective January 1, 2019.

In addition, the Oregon Supreme Court and Oregon Court of Appeals have approved a separate package of temporary amendments to the ORAPs.  The temporary amendments, which are largely intended to address recent statutory amendments, will also become effective January 1, 2019.  Unlike the permanent amendments, the temporary amendments will expire on December 31, 2020 (unless adopted as permanent amendments through the ORAP Committee process).

Both packages of amendments are available online at:

https://www.courts.oregon.gov/courts/appellate/rules/Pages/orap.aspx

https://www.courts.oregon.gov/publications/other/Pages/misc.aspx

A clean version of all the ORAPs that includes both the permanent and temporary amendments will be posted in December.

Supreme Court Adopts Permanent Amendments to Oregon Rules of Appellate Procedure

The Oregon Supreme Court and Court of Appeals have adopted permanent amendments to the Oregon Rules of Appellate Procedure (ORAP). The amendments will become effective on January 1, 2015. The rules that have been amended, added, or deleted are:
Rules amended:1.15, 1.35, 2.05, 2.15, 3.05, 3.07, 3.15, 3.25, 3.33, 3.35, 3.40, 5.05, 5.10, 5.70, 5.80, 5.85, 5.95, 6.05, 6.10, 6.25, 7.05, 7.10, 7.55, 8.05, 8.15, 8.20, 8.50, 8.52, 9.05, 9.10, 9.17, 9.20, 9.25, 10.15, 10.25, 11.05, 11.10, 11.15, 11.20, 11.30, 11.32, 11.34, 11.35, 12.05, 12.07, 12.08; 12.09, 12.20, 12.25, 13.05, 13.10, 16.03, 16.05, 16.10, 16.15, 16.20, 16.25, 16.30, 16.40, 16.50; Appendix 2.05, 3.30, 3.33-1, 7.10-1.
New rules added:1.32; Appendix 3.33-2, 3.35, 16.50.
Rules deleted:16.35, 16.60.
The details of the amendments are available online in PDF format at http://tinyurl.com/ORAPPage. Click the link for “ORAP Amendments effective January 1, 2015.”
If you have any questions, please contact Stephen Armitage, Supreme Court Staff Attorney:
Phone:503-986-7023 

Mandatory eFiling Coming to a Court Near You!

Oregon Supreme Court Chief Justice Thomas A. Balmer has approved a plan for a mandatory eFiling requirement for attorneys filing cases in Oregon’s circuit and appellate courts. The Oregon Judicial Department will circulate proposed court rules in the upcoming months for comment. The plan calls for a mandatory date of December 1, 2014 for the eleven circuit courts that currently have the eFiling component of the Oregon eCourt system, and includes a transition plan for those courts implementing the system later.

Mandatory eFiling for attorneys filing in the Court of Appeals and Supreme Court is expected to begin in the spring of 2015, following an amendment to the Oregon Rules of Appellate Procedure. Mandatory eFiling for the Oregon Tax Court will be assessed at a later date.

Click here for more information from the Oregon State Bar.

New Oregon Appellate Filing Fees Effective October 1, 2013

The Oregon appellate courts’ appellate filing fees have changed:

Civil Appeals and Judicial Review (ORS 21.010)

  • Appellant (or Cross-Appellant) Fee $373
  • Petitioner (or Cross-Petitioner) Fee $373
  • Respondent Fee $373

Original Jurisdiction Mandamus, Habeas Corpus, and Quo Warranto Proceedings (ORS 21.010(5))

  • Plaintiff or Petitioner $373
  • Defendant or Respondent $373

Motions in Civil Appeal or Judicial Review 

  • Motion to Dismiss – Filing (by Respondent) $50
  • Motion to Dismiss – Response/Answer $50
  • Motion to Determine Jurisdiction – Filing $50
  • Motion to Determine Jurisdiction – Response/Answer $50
  • Motion to Continue or Extend Time – Filing $50
  • Motion to Continue or Extend Time – Response/Answer $50
Please consult the Oregon Judicial Department’s website for additional fee information.