Notice Of Appeal (Habeas Corpus-Post Conviction) Form. This is a Oregon form and can be use in Court Of Appeals Appellate.
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OREGON JUDICIAL DEPARTMENT Appellate Court Records Section, 503-986-5555 INFORMATION ON FILING A NOTICE OF APPEAL (CIRCUIT COURT HABEAS CORPUS / POST-CONVICTION) 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. Provisions of ORS Chapters 34 and 138 apply to habeas corpus and post-conviction cases. ORAP Chapters 2 and 3 apply to appeals of circuit (trial) court decisions in general. If you are financially eligible, you are entitled to be represented by counsel provided by the Public Defense Service Commission, usually the Legal Services Division of the Office of Public Defense Services. ORS 138.500. You may wish to access reference materials, including the ORS or ORAP online at courts.oregon.gov. To access the ORS or ORAP, go to courts.oregon.gov/rules and choose "Oregon Revised Statutes (ORS)" under Laws & Statutes, or choose "Appellate Procedure (ORAP)" under Other Rules. The ORS and ORAP are also available in law libraries and some public libraries. 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, staff cannot provide legal advice. In other words, they will not substitute in any way for a lawyer's assistance. 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. American LegalNet, Inc. www.FormsWorkFlow.com 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. 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 ("proof of service") which states that the document has been served on all parties. 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 Generally, a notice of appeal from a trial court decision in a habeas corpus or post-conviction case must be filed within 30 days from the date the decision is entered in the trial court register. See ORS Chapters 34 and 138 for more information concerning the time allowed to file a notice of appeal. 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. You should attach to the notice of appeal a copy of the decision that you wish to have reviewed. 2. A filing fee is not required in an appeal from a habeas corpus or post-conviction case. American LegalNet, Inc. www.FormsWorkFlow.com 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 parties listed on the certificate of service provided in this packet and any other party required by statute. 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. 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." Generally, the party who designates a transcript is responsible for making arrangements with the trial court transcript coordinator for both preparation and payment. See ORS 19.375. The transcript is required to be filed with the parties to the appeal within 30 days from the date the notice of appeal is filed. The assigned transcriber must then file the transcript electronically with the Court of Appeals. Usually, the transcript is "settled" 15 days after it is filed with the part