Filing by mail or delivery
Source:
Section 19.260 — Filing by mail or delivery, https://www.oregonlegislature.gov/bills_laws/ors/ors019.html.
Notes of Decisions
Proof of registered or certified mail date is by verification obtained from post office at time of mailing. Modoc Lumber Co. v. EBI Companies, 295 Or 598, 668 P2d 1225 (1983)
This section applies to filing of notice of appeal on Workers’ Compensation Board under ORS 656.298. Southwest Forest Industries v. Anders, 299 Or 205, 701 P2d 432 (1985)
Service and filing of notice of appeal are separate events and both must be accomplished within appeal period and this section merely provides that document, if mailed in certain way, is deemed filed or served on date mailed. Hein v. Columbia County, 96 Or App 576, 773 P2d 791 (1989), Sup Ct review denied
Notice of appeal was not properly served on adverse party where notice was inadvertently addressed in attorney’s name but to trial court administrator’s post-office box. Harris and Harris, 104 Or App 209, 799 P2d 699 (1990), Sup Ct review denied
Petition for judicial review received after deadline was not properly filed without contemporaneous proof of mailing. Walther v. SAIF, 312 Or 147, 817 P2d 292 (1991)
Timeliness of filing petition for review of disciplinary order is controlled by state, not federal, law and depends on date of mailing if sent by registered or certified mail or depends on date court receives petition if otherwise filed. Norby v. Santiam Correctional Institution, 116 Or App 239, 841 P2d 1 (1992)
Proof of nonreceipt of service copy of notice of appeal may be probative of whether notice was mailed. Mullens v. L.Q. Development, 312 Or 599, 825 P2d 1376 (1992)
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)
Notice of appeal is timely filed if mailed by first class mail on or before deadline to file notice and, if postmarked or has postal validation imprint label showing date of mailing, can satisfy proof-of-mailing requirement; mailing notice of appeal from circuit court decision by first class mail constitutes class of delivery calculated to achieve delivery within three calendar days. State v. Chapman, 367 Or 388, 478 P3d 960 (2020)
Mailing petition for judicial review of LUBA order by first class mail constitutes class of delivery calculated to achieve delivery within three calendar days, even though mailed on 21st calendar day after LUBA order. Gould v. Deschutes County, 367 Or 427, 478 P3d 982 (2020)
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