Notice Of Appeal (Civil)
Notice Of Appeal (Civil) Form. This is a Oregon form and can be use in Court Of Appeals Appellate.
Tags: Notice Of Appeal (Civil), Oregon Appellate, Court Of Appeals
KINGSLEY W. CLICK State Court Administrator INFORMATION ON FILING A NOTICE OF APPEAL (CIRCUIT COURT CIVIL) In response to your request, we have enclosed information on how to file a notice of appeal and the forms necessary to do so. GENERAL INFORMATION 1. Please understand that filing and pursuing a case with the appellate court is technical legal work. Read all of these instructions, completely and carefully, because you must follow the relevant Oregon Revised Statutes (ORS) and the Oregon Rules of Appellate Procedure (ORAP). We strongly urge you to consider use of an attorney to help you with your case. The Supreme Court, Court of Appeals, or Appellate Court Administrator's Office cannot change the rules for you because you act as your own lawyer. You will have to follow all the rules and meet all deadlines, without exception. NOTE: Under ORS 9.320, at the appellate court level, a corporation must be represented by an attorney who is an active member of the Oregon State Bar. Oregon Peaceworks Green, PAC v. Secretary of State, 311 Or 267 (1991). Provisions of ORS Chapter 19 apply to civil cases. ORAP Chapters 2 and 3 apply to appeals of circuit (trial) court decisions in general. If you wish to proceed without an attorney, you may wish to access the ORS or ORAP online at courts.oregon.gov. From there, choose “Materials and Resources” then “Court Rules” and choose either the ORS or the ORAP. The ORS and ORAP are also available in law libraries and some public libraries. Or you may send a written request for a copy of the ORAP that includes your name and address, along with a check for $13.00 for an unbound version, or $26.00 for a bound version, to: ATTN: Publications Section Appellate Court Administrator Supreme Court Building 1163 State Street Salem, OR 97301‐2563 If you need additional information about procedures, you may call the Records Section at 503‐986‐5555, however, while the staff can try to answer procedural questions and help you understand the rules, they cannot provide legal advice. In other words, they will not substitute in any way for a lawyer’s assistance. American LegalNet, Inc. www.FormsWorkFlow.com If you wish to seek legal advice, you may contact the Oregon State Bar at 503‐620‐0222 or toll free in Oregon at 1‐800‐452‐8260 for information as to appellate attorneys. You may contact the Lawyer Referral Service at 503‐684‐3763, or toll free in Oregon at 1‐800‐452‐7636. 2. Generally, you will not be able to introduce new evidence to the appellate court. The court will review the record (testimony, documents, legal argument) that was received into the trial court record. 3. Motions: A "motion" is any request by a party that the court take some action. All motions must be served on the adverse party and the adverse party has 14 days from the date a motion is filed to serve a response. A response allows the court to consider the adverse party’s point of view in deciding what action to take concerning the motion. See ORAP 7.05 to 7.30 for rules concerning motions. ORAP 7.30 lists the motions that toll the time for filing the next event. Failure to file a response to a motion usually results in the motion being granted. The court will usually issue a decision on a motion in the form of a written order. 4. Any document filed with the Court of Appeals must be served on all parties to the case. See ORAP 1.35(2). The document being filed must include a statement of service (Aproof of service@) which states that the document has been served on all parties. Therefore, you must serve a copy of the notice of appeal on all parties. 5. Although ORS 21.695 allows for parties to motion for the transcript to be paid for at the State’s expense, because of the current budget condition, financial resources do not exist for the Court of Appeals to grant such a motion. 6. Also, check ORS Chapter 20 on the subject of costs and attorneys' fees, and ORS Chapter 21 on fees generally. You should know what is contained in those chapters and that the loser on appeal may be responsible for the winner's costs. UNDERTAKING ON APPEAL IN CIVIL CASES (TRIAL COURT CASES ONLY) The appellant (the person who is appealing) is required to file an "undertaking," which is a written promise to pay the costs incurred by the respondent on appeal if the appellant loses the appeal. The promise must be supported by a corporate bond, the promise of another person with unencumbered property worth more than twice the amount of the undertaking, or a cash deposit. The undertaking must be in the amount of $500, unless the trial court sets a different amount. The trial court may waive the undertaking on the ground of indigence or for other reasons. The undertaking must be filed in the trial court and a copy served on the opposing party and on the appellate court. Note that all filings in connection with the undertaking take place in the trial court, not the appellate court. See ORS 19.300 and ORAP 7.40 American LegalNet, Inc. www.FormsWorkFlow.com WHERE TO FILE To file a notice of appeal, you must file an original notice of appeal with the Court of Appeals by submitting it to the following address: ATTN: Records Section Appellate Court Administrator Supreme Court Building 1163 State Street Salem, OR 97301‐2563 WHEN TO FILE A notice of appeal from a trial court decision in a civil case must be filed within 30 days from the date the decision was entered in the trial court register. Unless a notice of appeal is filed and served within the time required by statute, the Court of Appeals will not be able to consider your case. "Filed" means that the petition must either 1) be in the possession of the Office of the Appellate Court Administrator on or before the date it is due, or 2) it must be mailed by certified or registered mail on or before the date it is due, with proof from the United States Post Office of such mailing date. See ORS 19.260(1) and ORAP 1.35. (If you choose option 2, be sure to retain the proof of mailing, because you may be asked to send it in if the timeliness of your appeal is ever questioned). “Served” means that an exact copy of the original document(s) that is being filed at the Court of Appeals, is mailed or personally delivered to all other necessary parties and participants according to the applicable statutes. HOW TO FILE 1. File an original notice of appeal with the Court of Appeals. File an original notice of appeal with the Court of Appeals. You should attach to the notice of appeal a copy of the decision that you wish to have reviewed. 2. You must pay a $212.00 filing fee. See ORS 21.010. Failure to pay the filing fee can result in dismissal of your appeal (ORAP 1.20(4)). However, you may be eligible to receive a waiver (elimination) of the fee, or you may be eligible to defer (delay) payment of the fee. To have the court determine whether you may be entitled to such waiver or deferral, you must complete the enclosed Application for Waiver or Deferral of Fees, and the Declaration for Waiver or Deferral of Fees (if applicable), and send them back to the Appellate Court Administrator. If the court defers the filing fee, you still owe it. If it is not paid by the time the appeal is complete, the unpaid filing fee will become a judgment against you. See ORS 21.605(1)(c). 3. You must complete a Certificate of Filing that indicates the date that you filed your notice of appeal, and the method that you used to file your notice of appeal. 4. You must serve copies of the notice of appeal and all attachments that you file with the Court of Appeals, to the all of the trial court parties, plus any other participants as required. See ORAP 2.05(10). The document(s) being filed must also include a certificate (or proof) of service, that identifies everybody you have served. A certificate of service is enclosed. American LegalNet, Inc. www.FormsWorkFlow.com WHAT HAPPENS NEXT? 1. The record is prepared: The lower court file will always be part of the record on appeal. You decide in the first instance whether you want to make exhibits and the transcript part of the record on appeal. The act of informing the appellate court and other parties to the appeal of how much of the trial court record is to be the record on appeal is called "designating the record.” The party who designates a transcript is responsible for making arrangements with the trial court transcript coordinator for both preparation and payment. The transcript is required to be filed at the trial court within 30 days from the date that the notice of appeal is filed. Usually, the transcript is “settled” 15 days after it is filed. ORS 19.365 and ORAP Chapter 3 contain provisions regarding the preparation and filing of the transcript and trial court record. Once the transcript is “settled,” the due date for the opening brief is scheduled. 2. Briefs are prepared: A "brief" is a statement of your side of the case. You must follow the format required by the rules. See ORAP 5.05 through 5.80 for more information about the procedures concerning briefs. Further, you may access several sample briefs at: “courts.oregon.gov/OJD/OSCA/acs/records/SampleBriefs.page?” You are required to file an "opening brief” within 49 days of the date that the transcript is settled. The opening brief must include a statement of the facts of the case. Each statement of fact must refer to the record and show where that fact appears. If it does not, the court may strike the entire brief or disregard your argument. Appeals are for the purpose of reviewing claimed legal errors committed by the trial court in rulings on motions or in the final decision. Appeals are not for the purpose of introducing new factual evidence to support your point of view. Therefore, if you try to include new evidence on appeal, it will not be considered and the court may decide not to consider your brief or argument at all. You must serve two copies of your brief on all parties to the appeal, and your brief must contain a certificate of service. The rules also require that you tell the court, in your brief, what mistake you believe the trial court made. These are called "assignments of error," and they must be very specific. The rules require that you set out in the brief the exact words used by the trial court when it made what you claim to be an error. After each "assignment of error," you have to make your "argument." This is a brief statement of the legal reasons why the trial court was wrong. You ordinarily may not include in your brief a statement about anything that has happened after the date of entry of the decision that you are appealing. The "answering briefs” (briefs from the respondent(s)) are due 49 days after you file your opening brief. All briefs must be prepared according to the ORAP and applicable statutes, or they may be stricken. A respondent filing a brief must serve two copies of their answering brief on you. 3. After briefing and oral argument, if there is one, your case is submitted for decision. See ORAP 5.60, 6.05(2), and 6.10(4) concerning who may argue. It will ordinarily take from one week to several months for the court to decide your case. Many cases are decided without a full written "opinion." This means that the court may decide your case without writing any explanation of the reasons for its decision. By mail, you will receive a copy of the court's decision. American LegalNet, Inc. www.FormsWorkFlow.com WHAT IF I DISAGREE WITH THE COURT OF APPEALS? If you disagree with the Court of Appeals decision, you have 14 days to file for reconsideration with the Court of Appeals. You also have 35 days from the date of the decision to file and serve a petition for review with the Oregon Supreme Court under ORAP 9.05. This gives you a chance to tell the Supreme Court why you believe that the Court of Appeals made a mistake when it issued its decision on your appeal and to seek reinstatement of the appeal. If a petition for review has been properly filed by any party, the appellate judgment in the case cannot issue until the Oregon Supreme Court decides to allow or deny review. If the Oregon Supreme Court denies the petition for review, that is ordinarily the end of the case in the Oregon courts. The Records Section of the Appellate Court Administrator's Office will issue the "appellate judgment." The appellate judgment is the document that officially notifies the trial court of the appellate court's decision and transmits the case back to the trial court. Note: A case before the Court of Appeals or Supreme Court may result in a published opinion that includes the names of the parties involved, and often times recites facts of the case. If you do not want such information distributed in print or on the Internet, you may wish to review the applicable administrative rules and/or consult with legal counsel to explore whether it may be possible to limit this distribution. American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR COMPLETING THE NOTICE OF APPEAL CAPTION On line 1 write in the name of each of the plaintiff(s) in the trial court. You can get the name(s) by looking at the heading on one of the documents filed in that court. On line 2 fill in the name of each of the defendant(s) in the trial court. Again, you can get this information by looking at the trial court heading. TRIAL COURT INFORMATION Fill in the name of the trial court and the trial court case number on the lines provided. The case number is written on all of the documents filed in that court. SECTION 1a Fill in your name. SECTION 1b Give the date the judgment from which you are appealing was entered in the trial court register. If the date of entry does not appear on your copy of the judgment, you should contact the trial court and request the date of entry. A copy of the judgment should be attached to your notice of appeal. SECTION 1c Fill in the name of the judge who signed the judgment. SECTION 1d Fill in the name of the county in which the trial court is located. SECTION 2 Fill in the name and address; and email address if known, of the appellant(s) and respondent(s). Do not write the names of the attorneys in section 2. SECTION 3 List the name, bar number, address and telephone number of each party=s attorney and who they represent. If a party is not represented by an attorney, then list the party=s name and address. SECTION 4 Mark the appropriate statement indicating your designation of record. The first statement designates all portions of the trial court record. The second statement designates only certain portions of the trial court record, in which case, you need to indicate what portions of that record you wish to have as the record on appeal. SECTION 5 Explain the basis for the appeal or the issues you will be relying upon to support your appeal. You only need to complete this statement if you did not designate the entire record in Section 4. This should only be a brief statement. You will have the chance to fully explain your case when you file your Abrief.” SECTION 6 Explain why this appeal is filed timely. SECTION 7 Attach to the notice of appeal a copy of the decision that you wish to have reviewed. Sign and date the notice of appeal. The signature must be an original. American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR COMPLETING CERTIFICATE OF FILING Fill in the date that you filed the notice of appeal with the Appellate Court Administrator. Mark the method of filing that you used to file the notice of appeal. INSTRUCTIONS FOR COMPLETING CERTIFICATE OF SERVICE Fill in the date that you served copies of the notice of appeal, and all other related documents, to the other parties. Although the names for some of the parties have been provided, you must indicate that you have served them with a copy of the notice of appeal by checking the appropriate boxes. You will need to fill in the name and address for any other parties that you served. Mark the method of service that you used to serve the parties. Sign the certificate of filing and certificate of service, insert the date that you signed it. You must file the original documents, with your original signature, with the Appellate Court Administrator. You must provide copies of all documents that you file with the Appellate Court Administrator to the other parties who are listed on the certificate of service. American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF APPEALS OF THE STATE OF OREGON , (LINE 1-NAME OF PLAINTIFF(S) Plaintiff-Appellant, or Plaintiff-Respondent, v. , (LINE 2- NAME OF DEFENDANT(S) Defendant-Respondent. or Defendant-Appellant. County Case Number (CIRCUIT COURT NAME) . (CIRCUIT COURT NUMBER) NOTICE OF APPEAL 1. hereby gives notice of appeal from the judgment entered on (a) (b) , by Judge (c) in (d) County Circuit Court. 2. The parties to this appeal are: Appellant(s) : (NAME, ADDRESS, AND EMAIL ADDRESS OF APPELLANT(S)) Respondent(s): (NAME, ADDRESS, AND EMAIL ADDRESS OF RESPONDENT(S)) 3. The names, bar numbers, addresses, and telephone numbers of the parties (or their attorneys if they are represented by counsel) are as follows: ATTORNEY FOR APPELLANT(S): Bar # Name Address ATTORNEY FOR RESPONDENT(S): Bar # Name Address Phone Phone American LegalNet, Inc. www.FormsWorkFlow.com 4. INDICATE YOUR DESIGNATION OF RECORD “ “ Appellant designates the record in its entirety, including the trial court file, all exhibits, and the record of oral proceedings. Appellant designates only the following portions of the record: “ “ “ Trial court file All exhibits Transcript/audio record of the following proceedings: 5. COMPLETE ONLY IF LESS THAN THE ENTIRE TRIAL COURT RECORD IS DESIGNATED IN PARAGRAPH 4 ABOVE Appellant intends to rely upon the following points: 6. This appeal is timely and otherwise properly filed before the Court of Appeals because: 7. Attached to this notice of appeal is a copy of the judgment being appealed from. Also attached are copies of any other orders pertinent to determining appellate jurisdiction. DATE: SIGNATURE: American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF FILING I certify that on DATE, I filed the original of the notice of appeal with the State Court Administrator at the following address: ATTN: Records Section State Court Administrator Supreme Court Building 1163 State Street Salem, OR 97301-2563 by the following method of filing: “ “ “ “ INDICATE METHOD OF FILING United States Postal Service, ordinary first class mail. United State Postal Service, certified or registered mail, return receipt requested. Hand delivery Other (specify): CERTIFICATE OF SERVICE I certify that on the addresses set forth below: DATE, I served a true copy of the notice of appeal to the following parties at INDICATE THAT ALL PARTIES WERE SERVED BY CHECKING THE BOXES AND FILLING IN THE REQUIRED INFORMATION “ RESPONDENT: NAME AND ADDRESS “ TRIAL COURT ADMINISTRATOR: TRIAL COURT ADDRESS “ TRANSCRIPT COORDINATOR: TRIAL COURT ADDRESS “ OTHER PARTIES: NAME AND ADDRESS by the following method of service: “ “ “ “ DATE: INDICATE METHOD OF SERVICE United States Postal Service, ordinary first class mail. United State Postal Service, certified or registered mail, return receipt requested. Hand delivery Other (specify): SIGNATURE: American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF APPEALS OF THE STATE OF OREGON ______________________________________, v. ______________________________________. ) ) ) ) ) ) ) Case No. _________________ Appellant/Petitioner Respondent APPLICATION FOR WAIVER OR DEFERRAL OF FEES I am asking for waiver or deferral of fees in this case because I am unable to pay all or part of the fees. The following information is complete and accurate to the best of my knowledge. I understand that I am required to provide documentation verifying this information. I understand that failure to do so could result in my request being denied. 1. I am applying for WAIVER ( A fee “waiver” means that you are not required to pay some or all of your fees because the court has determined that, based on your income and other relevant factors, you are unable to pay.) OR DEFERRAL (A fee “deferral” means that the court has determined that you must pay the court fees, but that you can pay the fees owed over a specified period of time.) of the following fees (check all that apply): Appellant's Filing Fee(s) Respondent's Appearance Fee(s) Motion Fee(s) - Filing Motion Fee(s) – Response 2. I declare that (check one of the boxes below): I am receiving assistance from at least one of the following programs: Food Stamps Oregon Health Plan Standard Oregon Health Plan Plus Oregon Health Plan with Limited Drug Supplemental Security Income (SSI) Temporary Assistance to Needy Families (TANF) If you checked the above box, you must show proof that you are receiving assistance from the program. You do NOT need to fill out a Declaration for Waiver or Deferral of Fees unless you are enrolled in the Oregon Health Plan’s Qualified Medicare Beneficiary (QMB) program or Citizen Alien-Waived Emergency Assistance (CAWEM) program. If you are enrolled in QMB or CAWEM, you must complete and file the declaration with this application. Even though I am NOT receiving assistance from any of the above programs, I am still unable to pay the fees. If you checked the above box, you must complete and file a Declaration for Waiver or Deferral of Fees with this application. The declaration is designed to prove to the court that you do not have sufficient financial resources to pay the fees. If the court defers fees, I understand that: American LegalNet, Inc. www.FormsWorkFlow.com a. The fees are an obligation owed by me to the State of Oregon and that the court may place me on a payment schedule. I agree to pay the fees according to the payment schedule. If I fail to pay according to the payment schedule, the total amount of the unpaid fees are due immediately. b. The court may enter a judgment against me for the unpaid amount of the fees that are deferred and the judgment will be enforced without regard to the outcome of the case. See ORS 21.605. c. If the court establishes a payment schedule or refers a judgment for collection, the law allows administrative and collection costs to be automatically added to the judgment without further notice to me or further action by the court. 3. I understand that if the clerk denies my application, I have the right to ask a judge to review my application. __________________________________________ Date Signature of Applicant __________________________________________ Name of Applicant (printed or typed) CERTIFICATE OF SERVICE I certify that I served a true copy of this application on: (NAME OF OPPOSING PARTY) (ADDRESS OF OPPOSING PARTY) (NAME OF OPPOSING PARTY) (ADDRESS OF OPPOSING PARTY) __________________________________________ Date Signature of Applicant __________________________________________ Name of Applicant (printed or typed) American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF APPEALS OF THE STATE OF OREGON ______________________________________, v. ______________________________________. ) ) ) ) ) ) ) Case No. _________________ Appellant/Petitioner Respondent DECLARATION FOR WAIVER OR DEFERRAL OF FEES (TO BE COMPLETED BY APPLICANT) ACCESS TO THIS DOCUMENT IS RESTRICTED PURSUANT TO THE COURT’S POLICY TO PROTECT THE PERSONAL PRIVACY INTERESTS OF PARTIES 1. PERSONAL Full Name of Applicant ___________________________________________________________________________ FIRST NAME MIDDLE NAME LAST NAME DATE OF BIRTH Residence Address ______________________________________________________________________________ STREET ADDRESS CITY STATE ZIP Mailing Address (if different) _______________________________________________________________________ ADDDRESS CITY STATE ZIP Telephone Number _____________ *SSN ______________ ODL/ID ____________ Marital Status ______________ *I am providing my Social Security number on a voluntary basis. I understand that I cannot be compelled to provide it or be denied consideration solely for failure to provide it. It may be used to verify my identification, credit and employment information, and for collection purposes of court imposed monetary obligations. Names, Relationships, and ages of legal dependants living in household: Name/Relationship Age Name/Relationship Age _____________________________ _____________________________ _____________________________ ______ ______ ______ ______ ______ ______ _____________________________ _____________________________ _____________________________ 2. EMPLOYMENT AND INCOME Currently Employed Not Currently Employed How long since last employment? ___________________ Employer Name (use previous employer if not currently employed) _________________________________________ Employer Address ________________________________________________ Work Phone ___________________ Occupation (job title) _______________ Length of Employment ____________ Amount of Last Paycheck $________ Hourly Wage $ _______ Hours Per Week _______ Monthly Income: Gross $_________ Net (after taxes) $________ Spouse’s Employment Currently Employed Not Currently Employed How long since last employment?____________________ Employer Name (use previous employer if not currently employed) _________________________________________ Employer Address ________________________________________________ Work Phone ___________________ Occupation (job title) _______________ Length of Employment ____________ Amount of Last Paycheck $________ Hourly Wage $ _______ Hours Per Week _______ Monthly Income: Gross $_________ Net (after taxes) $________ Other income for you, spouse, dependants, or household members (for example: Social Security, unemployment, retirement, public assistance, child support, workers’ compensation, disability, tribal benefits, etc.): Source of Income (describe) Amount How long received? How often received? ______________________________________ $_________ ________________ _________________ ______________________________________ $_________ ________________ _________________ ______________________________________ $_________ ________________ _________________ American LegalNet, Inc. www.FormsWorkFlow.com Other household members who help pay your living expenses: Relationship Amount ______________________________________ $_________ ______________________________________ $_________ Payment for what (describe)? _____________________________________ _____________________________________ 3. MONEY ON HAND / IN BANK OWNED BY YOU AND YOUR SPOUSE Checking Account Number ___________________ Bank/Credit Union ___________________ Savings Account Number ____________________ Bank/Credit Union ___________________ Other Account Number ______________________ Institution __________________________ 4. MOTOR VEHICLES OWNED BY YOU AND YOUR SPOUSE Year, Make, and Model Value Amount Owing ________________________________ $__________ $__________ ________________________________ $__________ $__________ REAL ESTATE OWNED BY YOU AND YOUR SPOUSE Year Purchase Address (include city and state) Purchased Price _____________________________ _______ $_______ _____________________________ _______ $_______ Cash $___________ Balance $ _________ Balance $ _________ Balance $ _________ Payments made to: ___________________________ ___________________________ 5. Value $_______ $_______ Amount Owing $_______ $_______ Payments made to: ___________________ ___________________ 6. ALL OTHER PROPERTY OR ASSETS (example: stocks, bonds, trailers, ATVs, RVs, boats, guns, jewelry, livestock, etc.): Description Value Description Value _____________________________ _____________________________ _____________________________ $______ $______ $______ _____________________________ _____________________________ _____________________________ $______ $______ $______ 7. MONEY OWED TO YOU OR YOUR SPOUSE BY OTHERS (example: tax refunds, judgments, trust funds, etc.): Name of Debtor Owing You Money Amount Owed Date Expected _____________________________________________________________ $___________ _____________ _____________________________________________________________ $___________ _____________ 8. MONTHLY LIVING EXPENSES Rent/Mortgage Payment $ Vehicle Payment $ Credit Card Payment $ Vehicle Insurance $ Child Support Payment $ Transportation Costs $ Court Fines/Payments $ Doctors/Medical Costs $ Food $ Other $ Household Utilities (gas, electric, water, sewer, garbage, phone, etc.) $ 9. LIQUIDATION OF ASSETS If you are unable to sell or liquidate your assets, please use this space to explain why: _________________________ ______________________________________________________________________________________________ I hereby declare that the above statement is true to the best of my knowledge and belief. I understand that it is made for use as evidence in court and is subject to penalty for perjury. __________ __________________________________________ Date Signature of Applicant __________________________________________ Name of Applicant (printed or typed) American LegalNet, Inc. www.FormsWorkFlow.com