Appeals

ORS 19.250
Contents of notice of appeal


(1)

The notice of appeal must contain the following:

(a)

The title of the cause. The party appealing a judgment must be designated the appellant and the adverse party the respondent, but the title of the action or proceeding is not otherwise changed by reason of the appeal.

(b)

The names of the parties and their attorneys.

(c)

(A) If an appellant is not represented by an attorney, a postal address for the appellant and either an electronic mail address for the appellant or a statement that the appellant does not have an electronic mail address.

(B)

If the appellant is represented by an attorney, a postal address and electronic mail address for the attorney.

(d)

A notice to each party that appeared in the action or proceeding, or to the attorney for the party, that an appeal is taken from the judgment or some specified part of the judgment and designating the adverse parties to the appeal. The notice of appeal must contain the postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.

(e)

A designation of those portions of the proceedings and exhibits to be included in the record in addition to the trial court file. The appellant may amend the designation of record at any time after filing the notice of appeal until 35 days after the filing of a certificate of preparation for the transcript under ORS 19.370 (Certification and service of transcript) (3). The amendment must be made by filing and serving in the same manner as a notice of appeal a notice of amended designation of record. The amended designation must clearly indicate those portions of the proceedings and exhibits being added to or deleted from the original designation of record. The designation may not be later amended by the appellant unless the appellate court so orders.

(f)

A plain and concise statement of the points on which the appellant intends to rely. On appeal, the appellant may rely on no other points than those set forth in such statement. If the appellant has designated for inclusion in the record all the testimony and all the instructions given and requested, no statement of points is necessary. Not later than the 15th day following the filing of the certificate of preparation for the transcript under ORS 19.370 (Certification and service of transcript) (3), the appellant may serve and file an amended statement of points. Except by approval of the court, the appellant may then rely on no other points than those set forth in such amended statement.

(g)

The signature of the appellant or attorney for the appellant.

(2)

Within 14 days after the filing of the notice of appeal or amended designation of record, any other party may serve and file a designation of additional parts of the proceedings and exhibits to be included in the record. Such designation must be served and filed as provided for the serving and filing of a notice of appeal under ORS 19.240 (How appeal to Court of Appeals taken) and 19.260 (Filing by mail or delivery). If such party also appeals, the designation must be included in the notice of appeal of the party and may not be served and filed separately. [Formerly 19.029; 1999 c.367 §3; 2013 c.685 §4]

(formerly 19.029)

Notes of Decisions

Where case was tried on single point, and respondent did not allege prejudice, failure to file statement of points relied upon with appeal did not require dismissal of appeal. Gowans v. Northwestern Pac. Indem. Co., 260 Or 618, 489 P2d 947, 491 P2d 1178 (1971)

Where cause of action was equitable in nature, designated record must consist of entire record of proceeding. Moore v. Brown, Burke, 19 Or App 199, 527 P2d 132 (1974)

Where notice of appeal is timely served and filed, appellate court has jurisdiction and may exercise discretion whether failure to comply with statutory form for notice of appeal warrants dismissal. Pohrman v. Klamath County Commissioners, 272 Or 390, 538 P2d 70 (1975)

Where new counsel is appointed for appeal, trial counsel has obligation to assist in preparing designation of record and statement of points where required by this section. State ex rel Acocella v. Allen, 288 Or 175, 604 P2d 391 (1979)

Under this section, together with [former] ORS 19.078 and [former] ORS 138.185, imposing duty on court reporter to produce transcript within 30 days, reporter lacked authority to determine for herself that free-lance depositions had priority over timely filing of transcripts. In the Matter of Virginia Hanks, 44 Or App 521, 606 P2d 1151 (1980), aff'd 290 Or 451, 623 P2d 623 (1981)

Notice of appeal which recited wrong date for entry of judgment and attached copy of order denying new trial rather than copy of judgment did not deprive Court of Appeals of jurisdiction over appeal since notice was given that it was "judgment" from which appeal was to be taken. Werline v. Webber, 54 Or App 415, 635 P2d 15 (1981), Sup Ct review denied

Where language in notice of appeal and brief was singular, but attorney identification implied both appellants, appeal did not omit necessary party. Street v. Gibson, 60 Or App 768, 655 P2d 604 (1982), aff'd on other grounds, 295 Or 112, 663 P2d 769 (1983)

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)

Notice of appeal was sufficient to perfect appeal against plaintiffs as representatives of class as well as individuals, as class members are not "parties" within meaning of this section and, accordingly, did not have to be named in or served with notice of appeal. Guinasso v. Pacific First Federal, 89 Or App 270, 749 P2d 577 (1988), Sup Ct review denied, on reconsideration95 Or App 233, 769 P2d 212 (1989)

Notice of appeal is not jurisdictionally defective because it attaches wrong document or incorrectly identifies date of judgment as long as there is final judgment. Smith and Koors, 149 Or App 198, 942 P2d 807 (1997); Crainic v. Multnomah County Adult Care Home Program, 190 Or App 134, 78 P3d 979 (2003)

Law Review Citations

51 OLR 652, 655, 656 (1972); 73 OLR 785 (1994)

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)


Source

Last accessed
Jun. 26, 2021