NOTICE OF APPEAL — OREGON APPELLATE COURTS

PART I: CASE CAPTION AND COURT INFORMATION

Trial Court Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

Case No. [________________________________]

[PLAINTIFF FULL NAME],
Plaintiff [and Appellant / and Respondent],

v.

[DEFENDANT FULL NAME],
Defendant [and Respondent / and Appellant].

Appellate Court Caption (for all filings in the appellate court)

IN THE [COURT OF APPEALS / SUPREME COURT] OF THE STATE OF OREGON

[PLAINTIFF FULL NAME],
Plaintiff-Appellant,

v.

[DEFENDANT FULL NAME],
Defendant-Respondent.

[Court of Appeals No. ________________________________]
[On appeal from Circuit Court, __________________ County,
Hon. ________________________________, Judge]
Trial Court: Circuit Court of [________________________________] County, Oregon
Trial Court Judge: The Honorable [________________________________]
Division: ☐ Civil ☐ Criminal ☐ Family Law ☐ Probate ☐ Other: [____________]
Appeal To: ☐ Oregon Court of Appeals ☐ Oregon Supreme Court (direct — see Part V)

PART II: ATTORNEY / PARTY INFORMATION

[ATTORNEY FULL NAME]
Oregon State Bar (OSB) No. [________]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], Oregon [ZIP CODE]
Telephone: ([___]) [___]-[______]
Facsimile: ([___]) [___]-[______]
Email: [________________________________]
Attorney for Appellant/Petitioner: [CLIENT FULL NAME]
☐ Pro Se Appellant (self-represented):
Name: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

PART III: NOTICE OF APPEAL

Pursuant to ORS Chapter 19 and ORAP 2.05 [or ORAP 2.10 for Supreme Court], notice is hereby given that:

Appellant(s): [________________________________]

Former trial court role: ☐ Plaintiff ☐ Defendant ☐ Petitioner ☐ Respondent ☐ Third Party ☐ Intervenor

hereby appeal(s) to the [Oregon Court of Appeals / Oregon Supreme Court] from:

3.1 Judgment/Order Being Appealed

Description of judgment or order: [________________________________]

Date judgment/order entered in register: [__/__/____]

Judge who entered the order: The Honorable [________________________________]

Nature of case: ☐ Civil ☐ Criminal ☐ Family Law ☐ Probate ☐ Administrative ☐ Other: [____________]

3.2 Basis of Appealability (ORS 19.205)

The judgment or order is appealable on the following basis:

☐ General judgment (ORS 19.205(1)) — disposes of all claims
☐ Limited judgment (ORS 19.205(2)) — disposes of one or more but not all claims, with express direction for filing of judgment
☐ Supplemental judgment (ORS 19.205(3)) — entered after general judgment
☐ Order not reduced to judgment but affecting substantial right, made in a proceeding other than the action (ORS 19.205(4))
☐ Order made after judgment affecting substantial right (ORS 19.205(4))
☐ Interlocutory order granting/refusing injunction (ORS 19.205(4))
☐ Other: [________________________________]

PART IV: TIMELINESS OF APPEAL

4.1 Deadline Calculation

ORS 19.255(1) requires the notice of appeal to be served and filed within 30 days after the judgment appealed from is entered in the register of the circuit court.

Critical Note: In Oregon, the 30-day period runs from entry in the register — not from when counsel receives notice. Verify the register entry date with the court clerk.

This notice is timely filed. ☐ Yes ☐ Explain: [________________________________]

4.2 Tolling Provisions (ORS 19.255(2))

The following motions extend the appeal deadline:

☐ Motion for new trial (ORCP 64) — Filed: [__/__/____] — Disposed: [__/__/____]
☐ Motion for judgment notwithstanding the verdict (ORCP 63) — Filed: [__/__/____] — Disposed: [__/__/____]

If a timely motion for new trial or JNOV is filed, the 30-day period runs from either: (a) the date the motion is disposed of or deemed denied, or (b) the original 30-day period from judgment entry, whichever expires later (ORS 19.255(2)).

What does NOT toll the deadline:
- Requests for findings of fact
- Motions for reconsideration (unless styled as motion for new trial)
- Clerk's failure to notify counsel of judgment entry

Revised appeal deadline (if tolling applies): [__/__/____]

4.3 Cross-Appeal Deadline (ORS 19.255(3))

Any other party desiring to cross-appeal must serve and file notice of appeal within 10 days after the expiration of the original appeal period or within 10 days of service of the original notice of appeal, whichever is later.

PART V: APPELLATE COURT JURISDICTION

5.1 Oregon Appellate Court Structure

Oregon Court of Appeals:
- Intermediate appellate court with general jurisdiction over most circuit court appeals (ORS 19.205; ORS 2.560)
- Three-judge panels
- Default court for most civil and criminal appeals

Oregon Supreme Court:
- Court of last resort; hears cases transferred from the Court of Appeals on its own motion or by petition of a party
- Mandatory jurisdiction in: capital cases, cases involving the validity of a state or federal law, and certain election matters
- Otherwise exercises discretionary review

5.2 Direct Appeal to the Oregon Supreme Court

☐ This appeal is directed to the Oregon Supreme Court because:
☐ Capital punishment case
☐ Case involves validity of an Oregon statute (ORS 2.010)
☐ Case involves validity of a federal statute as applied in Oregon
☐ Other direct review ground: [________________________________]

☐ This appeal is filed with the Oregon Court of Appeals (standard).

5.3 Petition for Review of Court of Appeals Decision

This section applies if a COA decision has been rendered and Supreme Court review is sought.
☐ Petitioner seeks review by the Oregon Supreme Court pursuant to ORAP 9.05 within 35 days of the COA decision.

5.4 Issues Intended to Be Raised on Appeal (Summary)

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Preliminary and not binding. Appellant reserves the right to raise additional issues.)

PART VI: FILING PROCEDURES — OREGON APPELLATE COURTS

6.1 How to File — Service Before Filing

Critical Oregon Procedure: In Oregon, the notice of appeal must be served on all parties before or simultaneously with filing with the appellate court. The original notice with proof of service is then filed with the administrator of the appellate court (not the circuit court clerk).

Step 1: Serve the notice of appeal on all parties who appeared in the circuit court action.
Step 2: Attach proof of service to the original notice.
Step 3: File the original notice with proof of service with the Oregon Court of Appeals [or Supreme Court] administrator.

6.2 Oregon Appellate E-Filing

The Oregon Judicial Department maintains an e-filing system for appellate filings. Check courts.oregon.gov/courts/appellate for current e-filing requirements and portal access.

☐ Appellant will file through the Oregon appellate e-filing portal.
☐ Paper filing (confirm current requirements with appellate court administrator).

Appellate Court Administrator Contact:
- Oregon Court of Appeals: 503-986-5555
- Oregon Supreme Court: 503-986-5535
- Address: Supreme Court Building, 1163 State Street, Salem, Oregon 97301

6.3 Filing Fee

Oregon Appellate Filing Fee:
☐ Filing fee paid to appellate court on [__/__/____]. Amount: $[____________]
☐ Application for waiver of fees filed (financial hardship)
☐ Fee exempt (confirm applicable exemption)

PART VII: UNDERTAKING FOR COSTS (ORS 19.310)

7.1 Cost Undertaking Requirement

Within 14 days after filing a notice of appeal, the appellant must serve and file an undertaking for costs (unless waived, reduced, or limited by the court under ORS 19.310).

Standard cost undertaking amount: $500 (ORS 19.310)

☐ Undertaking for costs in the amount of $500 filed/served on [__/__/____].
☐ Motion to waive/reduce cost undertaking filed pursuant to ORS 19.310(3).
☐ Cost undertaking waived because: [________________________________]

7.2 Surety Information

Surety name: [________________________________]
Surety address: [________________________________]

PART VIII: DESIGNATION OF RECORD AND TRANSCRIPTS (ORAP 3.33; ORS 19.350)

8.1 Designation of Record

The record on appeal in Oregon consists of: the trial court file, any transcript ordered, narrative statement, and exhibits. The appellant must designate the portions of the record to be included.

Appellant designates the following for inclusion in the record:

☐ The entire trial court file
☐ The following specific items only:

8.2 Transcript Request (ORAP 3.33)

Appellant has ordered or will order transcripts of the following proceedings:

☐ Transcript ordered from court reporter [________________________________] for proceedings on:

☐ No transcript is required — this appeal involves purely legal questions based on the existing record. Explanation: [________________________________]

☐ Narrative statement will be prepared in lieu of transcript pursuant to ORAP 3.40, because a verbatim record was not made of the proceedings.

8.3 Transcript Ordering Deadline

Transcripts must be ordered promptly after filing the notice of appeal. ORAP 3.33 governs the timeline and form for requesting transcripts. Check current ORAP for precise deadlines.

PART IX: INTERLOCUTORY APPEAL (if applicable)

☐ This is an appeal of an interlocutory order. The order is immediately appealable under ORS 19.205(4) because:

☐ The order involves a substantial right and was made in a proceeding other than the action
☐ The order was made after judgment and affects a substantial right
☐ The order grants or refuses an injunction

Basis for immediate appealability: [________________________________]

PART X: CROSS-APPEAL (ORS 19.255(3))

☐ Respondent/Cross-Appellant hereby cross-appeals pursuant to ORS 19.255(3).

Cross-Appellant: [________________________________]
Former trial court role: [________________________________]
Judgment/Order Cross-Appealed: [________________________________]
Date of order/judgment in register: [__/__/____]
Issues on Cross-Appeal:
1. [________________________________]
2. [________________________________]

The cross-appeal must be filed within 10 days after the expiration of the time allowed for the original appeal, or within 10 days after service of the original notice of appeal, whichever is later (ORS 19.255(3)).

PART XI: STAY OF JUDGMENT AND SUPERSEDEAS UNDERTAKING (ORS 19.330–19.335)

11.1 No Automatic Stay

Filing a notice of appeal does not automatically stay enforcement of the circuit court's judgment. A stay requires a supersedeas undertaking or court order.

11.2 Supersedeas Undertaking (ORS 19.335)

A supersedeas undertaking secures performance of the judgment and operates to stay enforcement during the appeal. A supersedeas undertaking may be served and filed at any time while the case is pending on appeal.

For a money judgment: The supersedeas undertaking must provide that the appellant will pay the judgment to the extent it is affirmed on appeal.

☐ Appellant has filed/will file a supersedeas undertaking pursuant to ORS 19.335.
Undertaking Amount: $[________________________________]
Surety/Bonding Company: [________________________________]
Date filed/served: [__/__/____]

11.3 Stay by Court Order (ORS 19.330)

☐ Appellant moves for a stay of the judgment pursuant to ORS 19.330 and ORAP 7.05. A separate motion for stay is filed contemporaneously.

11.4 Motion for Stay Pending Appeal (ORAP 7.05)

☐ Appellant will file a motion under ORAP 7.05 requesting that the Court of Appeals stay the circuit court judgment pending appeal.

☐ No stay is requested.

PART XII: ADMINISTRATIVE AGENCY APPEALS (if applicable)

☐ This is an appeal from a state administrative agency pursuant to ORS Chapter 183 (Administrative Procedures Act).

Agency: [________________________________]
Agency Case/Order Number: [________________________________]
Date of agency order: [__/__/____]
Applicable statute for appeal: ORS [____________]

Agency appeals may have different service requirements and record preparation procedures. Consult ORAP and applicable agency statutes.

PART XIII: RELIEF REQUESTED

Appellant respectfully requests that the [Oregon Court of Appeals / Oregon Supreme Court]:

1. ☐ Reverse the judgment/order entered by the circuit court;
2. ☐ Vacate the judgment and remand for new trial or further proceedings;
3. ☐ Modify the judgment as follows: [________________________________];
4. ☐ Award costs and disbursements on appeal as allowed by law;
5. ☐ Award attorney fees as authorized by applicable statute or contract;
6. ☐ Grant such other relief as the Court deems just and equitable.

PART XIV: SIGNATURE BLOCK

DATED: [__/__/____]

Respectfully submitted,

_____________________________________________
[ATTORNEY FULL NAME]
OSB No. [________]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], Oregon [ZIP CODE]
Tel: ([___]) [___]-[______]
Email: [________________________________]
Attorney for Appellant [CLIENT NAME]

PART XV: PROOF OF SERVICE (ORCP 9; ORAP 2.05)

I certify that on [__/__/____], before filing this Notice of Appeal with the appellate court administrator, I served a true and correct copy of the foregoing NOTICE OF APPEAL upon all parties who appeared in the action, by the method(s) indicated:

1. Opposing Counsel / Parties:

☐ [________________________________], Counsel for [________________________________]
Address/Email: [________________________________]
Service method: ☐ Oregon e-File ☐ First-Class U.S. Mail ☐ Hand Delivery ☐ Email (with consent per ORCP 9)

☐ [________________________________], Counsel for [________________________________]
Address/Email: [________________________________]
Service method: ☐ Oregon e-File ☐ First-Class U.S. Mail ☐ Hand Delivery ☐ Email (with consent per ORCP 9)

2. Trial Court Administrator:

☐ Trial Court Administrator, [________________________________] County Circuit Court
Method: ☐ Oregon e-File ☐ First-Class U.S. Mail ☐ Hand Delivery

Note: In Oregon, proof of service on all parties is a prerequisite to filing with the appellate court. The proof of service must accompany the original notice when filed.

_____________________________________________
[SIGNATURE]
[PRINTED NAME]
[DATE]

PART XVI: DEADLINE CALCULATION GUIDE

PART XVII: POST-FILING CHECKLIST

Before Filing:

☐ Confirmed judgment is entered in circuit court register (not just signed)
☐ Calculated 30-day deadline from register entry date
☐ Served all parties who appeared in the action

Upon Filing:

☐ Original Notice of Appeal with proof of service filed with appellate court administrator
☐ Filing fee paid to appellate court
☐ Copies retained for file

Within 14 Days:

☐ Undertaking for costs filed and served ($500 standard amount under ORS 19.310)
☐ Transcripts ordered from court reporter per ORAP 3.33
☐ Supersedeas undertaking filed if seeking stay of money judgment (ORS 19.335)

Ongoing:

☐ Monitor COA docket at courts.oregon.gov/courts/appellate
☐ Calendared briefing schedule deadlines
☐ Evaluate whether to petition Oregon Supreme Court for review after COA decision (35 days)

PART XVIII: PRACTITIONER NOTES

Oregon's Unique Filing Sequence — Serve First, Then File

Oregon practice is distinctive: the notice of appeal must be served on all parties before or simultaneously with filing with the appellate court, and the proof of service must accompany the original notice. Failure to include proof of service can be fatal to the appeal.

Entry in Register — Critical Deadline Trigger

The 30-day deadline runs from entry in the circuit court register — not from when counsel receives notice, not from when the judge signs the judgment, and not from when the clerk mails notice. Always verify the register entry date directly with the court clerk.

Cost Undertaking — Required Within 14 Days

The $500 cost undertaking (ORS 19.310) must be filed within 14 days. This is a separate requirement from the supersedeas undertaking. Failure to timely file can result in dismissal of the appeal.

Oregon Court of Appeals vs. Supreme Court

Most civil and criminal appeals go to the Oregon Court of Appeals. The Supreme Court reviews COA decisions on petition. Direct appeals to the Supreme Court are limited to capital cases, constitutional validity cases, and certain other matters.

Supersedeas Undertaking — Flexible Timing

Unlike the cost undertaking, the supersedeas undertaking can be filed "at any time while a case is pending on appeal" (ORS 19.335). For money judgments, it operates to stay enforcement immediately upon filing.

Attorney Fees on Appeal

Oregon allows attorney fees on appeal when fees are authorized by statute or contract. Include a request for fees in the notice of appeal if fees are sought, and follow ORAP requirements for fee petitions after judgment.

ORAP 2025 Amendments

The ORAP Committee issued temporary amendments effective January 2, 2025, expiring December 31, 2026 unless adopted as permanent. Always check the current version of ORAP at courts.oregon.gov/courts/appellate/rules before filing.

Sources and References

• Oregon Rules of Appellate Procedure (ORAP): courts.oregon.gov/courts/appellate/rules
• ORS Chapter 19 (Appeals): oregonlegislature.gov/bills_laws/ors/ors019.html
• ORS 19.255 (Time for Notice of Appeal): oregon.public.law/statutes/ors_19.255
• Oregon Appellate Court Forms: courts.oregon.gov/courts/appellate/rules
• Court of Appeals Administrator: 503-986-5555