Appeals

ORS 19.265
Payment of filing fee


At the time the notice of appeal is filed as provided in ORS 19.240 (How appeal to Court of Appeals taken), the appellant shall deposit with the State Court Administrator the amount of the appropriate filing fee. The timely deposit of such fee is not jurisdictional, but omission to do so shall be cause for dismissal of the appeal, subject to the provisions of ORS 19.270 (Appellate jurisdiction of Supreme Court and Court of Appeals) (3). [Formerly 19.035]

(formerly 19.035)

Notes of Decisions

Legislative requirement of filing fee as prerequisite to processing appeal from administrative ruling is not such a restriction upon the performance of judicial function that it must be ignored by courts. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

When applied to indigent litigants, this section was not unconstitutional as abridging right to petition government for redress of grievances under United States Constitution. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

When applied to indigent litigants, there was no violation of due process under Oregon Constitution to require payment of filing fees in order to secure judicial review of Welfare Division's orders. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

When applied to indigent litigants, right to obtain judicial review of ruling of State Welfare Division was not such a "fundamental personal right" that it denied equal protection of laws under United States Constitution to make such right dependent upon ability to pay $25 filing fee. Ortwein v. Schwab, 262 Or 375, 498 P2d 757 (1972), aff'd 410 US 656, 93 S Ct 1172, 35 L Ed 2d 572 (1973), rehearing denied, 411 US 922 (1973)

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