ORS 19.370
Certification and service of transcript

  • correction of errors
  • settlement of transcript

(1)

If a transcript is prepared from audio records by a person other than the reporter, the reporter shall certify the records and the transcriber shall certify the transcript. In all other cases, the transcript must be certified by the reporter or the trial judge.

(2)

A transcriber shall prepare a transcript in the format prescribed by the court by the later of:

(a)

Thirty days after the filing of the notice of appeal; or

(b)

Thirty days after the expiration of any abeyance of the appeal imposed by reason of the referral of the appeal to the appellate settlement program established by the Court of Appeals pursuant to ORS 2.560 (Rules).

(3)

Immediately after preparing a transcript, the transcriber shall:

(a)

Serve a copy of the transcript on the parties to the appeal in the manner required by subsection (4) of this section; and

(b)

File a certificate of preparation for the transcript with the State Court Administrator. The certificate must indicate that the transcript has been served in the manner required by subsection (4) of this section. A copy of the certificate must be served on the trial court administrator, the transcript coordinator and the parties.

(4)

A transcriber may agree with a party or an attorney on the manner in which a transcript will be served. If there is no agreement, a transcriber shall serve a transcript in the following manner:

(a)

Subject to paragraph (d) of this subsection, if an appellant is not represented by an attorney, the transcriber shall serve an electronic copy of the transcript on the appellant at the electronic mail address provided by the appellant unless the appellant specifically requests that a paper copy of the transcript be mailed to the appellant at the postal address indicated in the notice of appeal. If an electronic mail address for the appellant does not appear in the notice of appeal, the transcriber shall mail a paper copy of the transcript to the appellant at the postal address indicated in the notice of appeal.

(b)

Subject to paragraph (d) of this subsection, if a respondent is not represented by an attorney, the transcriber shall mail a paper copy of the transcript to the respondent at the postal address indicated in the notice of appeal unless the respondent specifically requests that the transcriber serve an electronic copy of the transcript on the respondent at the electronic mail address provided by the respondent.

(c)

If a party is represented by an attorney, the transcriber shall serve an electronic copy of the transcript on the attorney at the electronic mail address of the attorney identified in the notice of appeal.

(d)

If two or more unrepresented appellants request paper copies of a transcript under paragraph (a) of this subsection, or two or more unrepresented respondents request paper copies of a transcript under paragraph (b) of this subsection, the transcriber shall deposit a copy of the transcript with the trial court administrator for the use of the unrepresented parties. The copy must be in the medium specified by the trial court administrator. The transcriber shall serve notice on the unrepresented parties that the transcript has been deposited with the trial court administrator, and file proof of that service with the trial court administrator and with the State Court Administrator. Deposit of a copy of a transcript with the trial court administrator under this paragraph constitutes service of the transcript on the unrepresented parties to the appeal.

(5)

If two or more transcribers are preparing parts of the transcript, the certificate of preparation is considered filed under subsection (3) of this section when the final certificate of preparation is filed with the State Court Administrator.

(6)

Intentionally left blank —Ed.

(a)

Within 15 days after a certificate of preparation is filed under subsection (3) of this section, any party may file a motion with the trial court for correction of errors appearing in the transcript or to have additional parts of the proceedings included in the transcript. If a certificate of preparation is filed with the State Court Administrator during any period that the appeal is in abeyance by reason of the referral of the appeal to the appellate settlement program established by the Court of Appeals pursuant to ORS 2.560 (Rules), a motion under this subsection must be filed within 15 days after the expiration of the abeyance.

(b)

A copy of a motion to correct or add to the transcript made under this subsection must be served on the State Court Administrator. If the motion is denied, the trial court shall enter an order settling the transcript and transmit a copy of the order to the State Court Administrator.

(c)

If a motion is granted under this subsection, the trial court shall direct the making of such corrections and the adding of such matter as may be appropriate and shall fix the time within which such corrections or additions must be made. Immediately after preparing the corrected or additional transcript, the transcriber shall serve a copy of the transcript on the parties in the manner required by subsection (4) of this section, and file proof of that service with the trial court administrator, the transcript coordinator and the State Court Administrator. Upon receiving proof of service from all transcribers of the proceedings, the State Court Administrator shall issue a notice to the parties indicating that the transcript has been settled.

(7)

Unless a motion to correct or add to the transcript is made under subsection (6) of this section, a transcript is automatically settled 15 days after a certificate of preparation is filed under subsection (3) of this section. If a motion to correct or add to the transcript is made, the transcript is settled on the date that the State Court Administrator issues the notice to the parties under subsection (6) of this section.

(8)

When a transcript is settled, the State Court Administrator shall notify each transcriber who filed a certificate of preparation. Upon receiving the notice, a transcriber shall file an electronic copy of the transcript with the State Court Administrator in the manner and format prescribed by rules of the appellate court. [Formerly 19.078; 1999 c.367 §13; 2001 c.341 §1; 2001 c.962 §62; 2012 c.48 §7; 2013 c.685 §6]

Source: Section 19.370 — Certification and service of transcript; correction of errors; settlement of transcript, https://www.­oregonlegislature.­gov/bills_laws/ors/ors019.­html.

Notes of Decisions

Evidentiary matters not presented during trial in any manner were not “additional parts of the proceedings.” State v. Jorgensen, 8 Or App 1, 492 P2d 312 (1971), Sup Ct review denied

Authority of trial judge to correct errors in transcript does not permit total deletion of offer of proof made at hearing before court. Rachau v. Brownton, 260 Or 459, 490 P2d 170 (1971)

Under this section, together with [former] ORS 19.029 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)

Law Review Citations

51 OLR 652, 655, 656, 660 (1972)

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
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