(1) Except as provided in this section, a notice of appeal must be served and filed within 30 days after the judgment appealed from is entered in the register.

Terms Used In Oregon Statutes 19.255

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judgment: means a judgment or appealable order, as provided in ORS § 19. See Oregon Statutes 19.005
  • Notice of appeal: includes a notice of cross-appeal. See Oregon Statutes 19.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.

(2) If a motion for a new trial is filed and served within the time allowed by ORCP 64, or a motion for judgment notwithstanding the verdict is filed and served within the time allowed by ORCP 63, a notice of appeal must be served and filed:

(a) Within 30 days after the order disposing of the motion is entered in the register, or within 30 days after the motion is deemed denied under ORCP 63 D or 64 F, whichever is first; or

(b) Within the time allowed by subsection (1) of this section, if the period of time provided for in subsection (1) of this section expires later than the period of time provided for in paragraph (a) of this subsection.

(3) Any other party who has appeared in the action, suit or proceeding, desiring to appeal against the appellant or any other party to the action, suit or proceeding, may serve and file notice of appeal within 10 days after the expiration of the time allowed by subsections (1) and (2) of this section. Any party not an appellant or respondent, but who becomes an adverse party to a cross appeal, may cross appeal against any party to the appeal by a written statement in the brief.

(4)(a) Upon the motion of a person determined to be a person with mental illness as provided in ORS § 426.130, or determined to be an extremely dangerous person with mental illness under ORS § 426.701 or 426.702, the Court of Appeals shall grant the person leave to file a notice of appeal of the determination after the time limits described in subsections (1) to (3) of this section if:

(A) The person, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the person personally; and

(B) The person shows a colorable claim of error in the proceeding from which the appeal is taken.

(b) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section must be filed within 90 days after entry of the order being appealed.

(5) Except as otherwise ordered by the appellate court, when more than one notice of appeal is filed, the date on which the last such notice was filed shall be used in determining the time for preparation of the transcript, filing briefs and other steps in connection with the appeal. [Formerly 19.026; 2003 c.281 § 1; 2019 c.400 § 1]

 

  Previous section
Next section  
 Notice of Appeal Contents