ORS 138.081
Service and filing of notice of appeal

(1)

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)

Intentionally left blank —Ed.

(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

(B)

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

(b)

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

(c)

On the trial court administrator.

(2)

Intentionally left blank —Ed.

(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.

(b)

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.

(3)

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]

Source: Section 138.081 — Service and filing of notice of appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html.

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)

138.005
Definitions for ORS 138.010 to 138.310 138.010
Mode of review 138.015
Statutes applicable to appeals 138.020
Who may appeal 138.030
Parties designated “appellant” and “respondent” 138.035
Appeal by defendant 138.045
Appeal by state 138.052
Appeal from judgment of conviction and sentence of death 138.057
Appeal from judgment involving violation 138.065
Appeal from judgment or order deciding special statutory proceeding 138.071
Time within which appeal must be taken 138.081
Service and filing of notice of appeal 138.085
Content requirements for certain notices of appeal 138.090
Signature to notice of appeal 138.105
Appeal by defendant 138.115
Appeal by state 138.210
Failure to file brief by appellant 138.225
Summary affirmation 138.227
Joint motion to vacate and remand 138.255
Court of Appeals certification of appeal to Supreme Court in lieu of disposition 138.257
Determination on appeal 138.261
Time within which certain appeals must be decided 138.275
Notice to parties concerning modified judgment or order or supplemental judgment 138.285
Order staying execution of sentence 138.295
Stay of judgment or order on appeal by state 138.305
Delivery of defendant under sentence of imprisonment to intake center 138.310
Notice to court below when public defense services executive director certifies costs, expenses or compensation 138.480
Public Defense Services Commission to provide representation for prisoner in proceeding before appellate court 138.500
Appointment of counsel and furnishing of transcript for appellant without funds 138.504
Waiver of counsel 138.510
Persons who may file petition for relief 138.520
Relief which court may grant 138.525
Dismissal of meritless petition 138.527
Frivolous petition or response 138.530
When relief must be granted 138.540
Petition for relief as exclusive remedy for challenging conviction 138.550
Availability of relief as affected by prior judicial proceedings 138.560
Procedure upon filing petition for relief 138.570
Who shall be named as defendant 138.580
Petition 138.585
Access to confidential jury records 138.590
Petitioner may proceed as a financially eligible person 138.610
Pleadings 138.615
Disclosure of witness information 138.620
Hearing 138.622
Appearance by communication device 138.625
Victim testimony 138.627
Victim’s rights 138.630
Evidence of events occurring at trial of petitioner 138.640
Judgment 138.650
Appeal 138.660
Summary affirmation of judgment 138.665
Remand for reconsideration of judgment or order 138.670
Admissibility, at new trial, of testimony of witness at first trial 138.680
Short title 138.686
Automatic stay of sentence of death for federal appeal and state post-conviction relief 138.688
Definitions 138.690
Commencement of DNA testing proceedings 138.692
Motion for DNA testing 138.694
Appointed counsel 138.696
Test results 138.697
Appeal of court order 138.698
Effect of setting aside conviction on plea agreement 138.700
Entry of unidentified profile into DNA databases
Green check means up to date. Up to date

Current through early 2024

§ 138.081’s source at oregon​.gov