ORS 138.081
Service and filing of notice of appeal


An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 (Contents of notice of appeal) to be served:


(A) When the defendant appeals, on the district attorney for the county in which the judgment is entered or, if the appeal is under ORS 221.360 (Appeal on issue of constitutionality of charter provision or ordinance), on the plaintiff’s attorney; or


When the state appeals, on the attorney of record for the defendant or, if the defendant has no attorney of record, on the defendant;


On the trial court transcript coordinator if a transcript is required in connection with the appeal; and


On the trial court administrator.


(a) If the state cannot effect service on the defendant as provided in subsection (1)(a)(B) of this section, the trial court may order alternative service in accordance with ORCP 7 D(6) on proof of the state’s due diligence in attempting to effect service.


Alternative service is not perfected until the time established by the court for response expires and the state files with the appellate court the affidavit or declaration of alternative service.


The notice of appeal signed by the appellant, along with proof of service of the notice, must be filed with the administrator of the court to which the appeal is taken. Proof of service of the notice of appeal may either be part of, or accompany, the original notice when filed. [1971 c.565 §23 (enacted in lieu of 138.080); 1985 c.734 §18; 1997 c.389 §9; 2001 c.870 §8; 2017 c.529 §8]

Notes of Decisions

Specific listing of parties to be notified in criminal appeal controls over general requirement to notify persons whose rights may be affected by decision on appeal. State v. Pelham, 136 Or App 336, 901 P2d 972 (1995), Sup Ct review denied

Appeal notice procedure applicable to criminal actions does not apply to traffic infraction appeals. City of Pendleton v. Elk, 137 Or App 513, 905 P2d 237 (1995)

Law Review Citations

51 OLR 652, 653, 655 (1972)


Last accessed
Jun. 26, 2021