ORS 19.240
How appeal to Court of Appeals taken


An appeal to the Court of Appeals shall be taken in the manner prescribed in this chapter.


The 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:


On all parties who have appeared in the action, suit or proceeding;


On the trial court administrator; and


On the trial court transcript coordinator if a transcript is designated in connection with the appeal.


The original of the notice with proof of service indorsed thereon or affixed thereto shall be filed with the Court of Appeals. [Formerly 19.023; 1999 c.367 §2]

(formerly 19.023)

Notes of Decisions

Failure to attach proof of service is not jurisdictional defect. Pohrman v. Klamath Co. Commrs., 272 Or 390, 538 P2d 70 (1975)

It is not necessary as a matter of due process that, for the protection of the children's interests, a parent's right to appeal from an order terminating parental right be foreclosed for failure to serve notice of appeal on children. State ex rel Juvenile Dept. of Multnomah County v. Navarette, 29 Or App 121, 563 P2d 1221 (1977)

In equity case reviewed de novo, where defendant appeals from only portion of decree, and plaintiff fails to file notice of appeal or to cross-appeal, plaintiff cannot raise other objections to trial court's decree. Williams v. Mallory, 284 Or 397, 587 P2d 85 (1978)

Court of Appeals had jurisdiction to hear appeal where notice of appeal described non-appealable order, but also referred to a judgment and copy of judgment was attached. Ensley v. Fitzwater, 293 Or 158, 645 P2d 1062 (1982)

Party whose stipulated order for dismissal without prejudice was signed by trial court had appeared within meaning of this section and failure to serve that party with notice of appeal required dismissal of appeal for lack of jurisdiction. Jacobson v. Mountain Park Homeowners Assoc., 65 Or App 269, 670 P2d 633 (1983), Sup Ct review denied

When transcript is designated, service of notice of appeal on trial court reporter within statutory time period is jurisdictional and failure to serve such notice of appeal required dismissal for lack of jurisdiction. State v. Hutchinson, 66 Or App 970, 675 P2d 1112 (1984)

Required notice to court reporters and clerks of trial courts is not "jurisdictional" within meaning of [former] ORS 19.033. McQuary v. Bel Air Convalescent Home, Inc., 296 Or 653, 678 P2d 1222 (1984); Custom Harvesting Oregon v. Smith Truck and Tractor, 296 Or 711, 678 P2d 268 (1984)

Service on law firm, which was plaintiff in action on debt, did not constitute service on individual firm members who were third party defendants in complaint for legal malpractice, a separate action. O'Connell, Goyak and Ball v. Silbernagel, 297 Or 207, 681 P2d 1159 (1984)

Private party specially appearing on collateral matter in criminal trial is not party entitled to notice on appeal from criminal conviction. State v. Pelham, 136 Or App 336, 901 P2d 972 (1995), Sup Ct review denied

Where city attorney appears in traffic infraction case on behalf of state, service of notice of appeal on city attorney is sufficient. City of Pendleton v. Elk, 137 Or App 513, 905 P2d 237 (1995)

For appeal notice mailing date to be effective as date of service on party or attorney, notice must be timely mailed to last known address as provided in ORCP 9B. McCall v. Kulongoski, 339 Or 186, 118 P3d 256 (2005)

For service of notice of appeal to be proper, appellant or appellant's agent must have taken action that caused notice to be served. Gadda v. Gadda, 341 Or 1, 136 P3d 1099 (2006)

Chapter 19

Notes of Decisions

This chapter does not apply to workers' compensation proceedings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff'd 295 Or 448, 667 P2d 529 (1983)


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Jun. 26, 2021