OREGON JUDICIAL DEPARTMENT Appellate Court Records Section, 503-986-5555 INFORMATION ON FILING A NOTICE OF APPEAL CIRCUIT COURT JUVENILE (Termination of Parental Rights, Dependency, and Delinquency) 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 419A, 419B, and 419C; and ORS 19, to the extent made applicable by ORS 419A.200(6), apply to juvenile cases. ORAP Chapters 2 and 3 apply to appeals of circuit (trial) court decisions in general. IMPORTANT: You may be entitled to appointment of counsel at state expense, see ORS 419B.518 and 419C.200. Motions for appointment of counsel should be filed in the circuit court in which the challenged judgment was entered. 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. Delinquency cases are normally not expedited. Termination of parental rights American LegalNet, Inc. www.FormsWorkFlow.com (termination) and dependency cases are expedited pursuant to ORAP 10.15. The caption of the notice of appeal and all filings made in termination cases should prominently display the words "Expedited Termination of Parental Rights Case." ORAP 10.15(2). The caption of the notice of appeal and all filings made in dependency cases should prominently display the words "Expedited Juvenile Dependency Case." ORAP 10.15(2). Stays: The filing of a notice of appeal does not stay enforcement of the judgment, but, the appellant may file a motion to stay pursuant to ORS 19.330. 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; however, a motion made before oral argument in a termination or dependency case does not toll the time for transmission of the record, filing of briefs, or hearing argument. ORAP 10.15(8). 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 juvenile case must be filed within 30 days from the date the decision was entered in the trial court register. ORS 419A.200(3)(c). You are responsible for determining the date the judgment is entered, whether or not you receive notice from the trial court. Failure to receive written notice from the trial court does not excuse timely filing of the 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 American LegalNet, Inc. www.FormsWorkFlow.com 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. However, if you are already beyond the 30-day limit for filing a notice of appeal, but, within 90 days of entry to the judgment, and the failure to file within that time limit is not your fault personally, you may file a motion to file a notice of appeal after the time limit. ORS 419A.200(5)(a). You must include in the motion a showing of colorable claim of error in the proceeding, and file along with it, a notice of appeal as described in this packet. 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 fro