ORS 19.365
Preparation and transmission of record generally

(1)

The record of the case must be prepared and transmitted to the court to which the appeal is made in the manner provided in this chapter.

(2)

The record on appeal consists of those parts of the trial court file, exhibits and record of oral proceedings in the trial court that are designated under ORS 19.250 (Contents of notice of appeal). The record of oral proceedings is the transcript prepared under ORS 19.370 (Certification and service of transcript), an agreed narrative statement prepared under ORS 19.380 (Agreed narrative statement) or the audio record if the appellate court has waived preparation of a transcript under ORS 19.385 (Audio records).

(3)

The trial court administrator shall make the trial court record available to the State Court Administrator in the manner specified by rules of the appellate court.

(4)

When it appears to the appellate court that the record on appeal is erroneous or that the record does not contain material that should have been part of the trial court file, and the erroneous or incomplete record substantially affects the merits of the appeal, on motion of a party or on its own motion the appellate court may make such order to correct or supplement the record as may be just.

(5)

If the record on appeal is not sufficient to allow the appellate court to review an assignment of error, the appellate court may decline to review the assignment of error and may dismiss the appeal if there are no other assignments of error that may be reviewed.

(6)

Except as provided by rules of the appellate court, the State Court Administrator shall return the trial court file and the exhibits to the trial court administrator upon issuance of the appellate judgment disposing of the appeal. [Formerly 19.065; 2013 c.685 §5]

Source: Section 19.365 — Preparation and transmission of record generally, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

Materials that are part of trial court file or that were received in evidence or judicially noticed and materials erroneously omitted from trial court file may be designated as part of record on appeal. State ex rel Department of Human Services v. Lewis, 193 Or App 264, 89 P3d 1219 (2004)

Correspondence between trial judge and others regarding case is part of trial court file and may be designated as part of record on appeal, notwithstanding that correspondence might not qualify as part of evidentiary record for purposes of challenging or defending trial court decision. State ex rel Department of Human Services v. Lewis, 193 Or App 264, 89 P3d 1219 (2004)

19.005
Definitions 19.205
Appealable judgments and orders 19.215
Determining amount in controversy in class action for purposes of appeal 19.225
Appealability of certain orders in class actions 19.235
Jurisdiction for determining whether decision is appealable 19.240
How appeal to Court of Appeals taken 19.245
Who may appeal 19.250
Contents of notice of appeal 19.255
Time for service and filing of notice of appeal 19.260
Filing by mail or delivery 19.265
Payment of filing fee 19.270
Appellate jurisdiction of Supreme Court and Court of Appeals 19.275
Continuing jurisdiction of trial court in certain domestic relations cases 19.300
Undertakings on appeal generally 19.305
Qualifications of sureties 19.310
Waiver, reduction or limitation of undertaking 19.312
Supersedeas undertaking in certain actions against tobacco product manufacturer 19.315
Requirements for use of letter of credit 19.320
Expiration and renewal of letter of credit 19.325
Payment on letter of credit 19.330
Stays generally 19.335
Stay by filing of supersedeas undertaking 19.340
Waiver of supersedeas undertaking 19.345
Enforcement of judgment in contract action notwithstanding appeal 19.350
Discretionary stay by court 19.355
Stay of domestic relations judgment 19.360
Appellate review of trial court orders relating to undertakings and stays 19.365
Preparation and transmission of record generally 19.370
Certification and service of transcript 19.375
Cost of transcript 19.380
Agreed narrative statement 19.385
Audio records 19.390
Bill of exceptions not required 19.395
Time extensions for preparation of record 19.400
Where appeals heard 19.405
Certification of appeal to Supreme Court 19.410
Stipulated dismissals 19.415
Scope of appellate review 19.420
Action by appellate court on appeal 19.425
Review of intermediate orders 19.430
Review of trial court order granting a new trial on court’s own initiative 19.435
Memorandum decisions 19.440
Award of attorney fees authorized by statute 19.445
Damages upon affirmance of judgment 19.450
Appellate judgment 19.500
Service of documents under provisions of chapter 19.510
Powers of successor trial judge with respect to appeals
Green check means up to date. Up to date

Current through early 2024

§ 19.365’s source at oregon​.gov