COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -againstKINGSLEY W. CLICK State Court Administrator Calendar No. : JUDICIAL SUBPOENA : : INFORMATION ON FILING A : PETITION FOR JUDICIAL REVIEW Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ADULT. & .FAMILY SERVICES) ...... . ............. In response to your request, enclosed is information on how to file a petition for judicial review. Herein you will find a standard form of petition for judicial review for this type of case, and a form of certificate of service. THE PEOPLE OF THE STATE OF NEW YORK You will also find the instructions for completing these forms. TO Additional information relating to handling a petition for judicial on your own without an attorney is enclosed as “ .” You should read this information carefully. A petition for judicial review must be submitted to the Court of Appeals in the manner prescribed in the relevant Oregon Revised Statutes (ORS) and the Oregon Rules of Appellate Procedure (ORAP). The ORAP rules which apply to the filing of a petition for GREETINGS: judicial review are also enclosed. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before If you wish to request judicial review of an agency decision/order, you must file a petition for judicial review , the Honorable at the Court with the Court of Appeals. The original of the petition should be filed with the State Court Administrator located at County of at the following address: in room , on the day of , 20 , at o'clock in the noon, and at any recessed ATTN: Records Section or adjourned date, to testify and give evidence as a witness in this action on the part of the State Court Administrator Supreme Court Building 1163 State Street Salem, OR is punishable Your failure to comply with this subpoena 97301-2563 as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Aresult of your judicial review from an Adult and Family Services order must be filed within 60 days of petition for failure to comply. the date the order was mailed to you. Unless a petition for judicial review is filed within the time required by statute (most orders contain a notice of judicial review rights, including theone of the Justices ofpetition for Witness, Honorable , time within which a the judicialin review must be filed), the Court of Appeals will not be able to consider it. “Filed” means that the of Court County, day , 20 petition must be in the possession of the office of the State Court Administrator on or before the date it is due, or must be mailed on or before the date it is due by certified or registered mail with proof from the Post Office of such mailing date. See ORS 19.260(1). (Attorney must sign above and type name below) A copy of the agency order you wish reviewed must be attached to the petition. A $237.00 filing fee is required pursuant to ORS 21.010. Attorney(s)to waive or defer the filing fee is A motion for enclosed for you use. If you wish to have the court consider this motion, you should complete the form and send it back with the filing of the petition for judicial review. The motion must also be served on all parties to the appeal. Office and P.O. Address 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. Therefore, you Telephone No.: of the petition on all parties. must serve a copy These parties include the agency which issued the order, the Attorney General, the respondent, and any other Facsimile No.: parties which were involved in the agency proceeding. E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. When the petition for judicial review is filed and served, the state agency has 30 days in which to prepare and file the agency file (“record”). You are required to file a brief (“opening brief”) within 49 days of the filing : JUDICIAL SUBPOENA Plaintiff(s) date of the agency record. The briefs of the opposing parties (“responding brief”) are due 49 days after you -against: file your brief. All briefs must be prepared according to the ORAPs and applicable statutes or they will not be accepted. You are urged to seek legal counsel. : If you need additional information, call the Records Section at (503) 986-5555. : If you wish to obtain a copy of the ORAP, send a written request with your name and address, along with Defendant(s) : payment .of. $15.00. to:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . ..... .. ATTN: Publications Section State Court Administrator Supreme Court Building THE PEOPLE OF THE STATE OF NEW YORK Street 1163 State Salem, OR 97301-2563 TO INSTRUCTIONS FOR COMPLETING PETITION FOR JUDICIAL REVIEW GREETINGS: CAPTION On line 1 fill in your name. You will be the “Petitioner” on judicial review. On line 2 fill in the YOU, that all business and excuses being laid is the party or parties that will before WE COMMANDname of the respondent. The “Respondent”aside, you and each of you attend be , the Honorable opposing your petition, and who “won” in the administrative proceeding. at the Court located at County of in room , in the day of , 20 at noon, and at any recessed AGENCY NO. Fillon the agency assigned case number ,on the lineo'clock in the provided. This number is written on or adjourned date, to testifyagency documents. a witness in this action on the part of the all of the and give evidence as SECTION 1:a Fill in the name of the agency which issued the order you wish to have reviewed. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to SECTION 1:b Again, fill in the agency number. for a maximum penalty of $50 and all damages sustained as a the party on whose behalf this subpoena was issued result of your failure to comply. SECTION 1:c Give the date that the order from which you are appealing was dated. Remember to attach a copy Witness, Honorable of the agency order to the petition for judicial review. , one of the Justices of the Court in County, day of , 20 SECTION 2 Fill in your name and address, and the name and address of the respondent(s). SECTION 3 Attach a copy of the order, rule or ruling from which you are requesting review. (Attorney must sign above and type name below) SECTION 5 Mark the appropriate statement indicating what portions of the agency record you wish to be reviewed by this court. The first statement designates all portions of the agency Attorney(s) for record be reviewed. The second statement designates only certain portions of the agency record be reviewed, in which case, you need to indicate what portions of the record you wish to have this court review on the lines provided. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. INSTRUCTIONS FOR COMPLETING : CERTIFICATE OF FILING JUDICIAL SUBPOENA Plaintiff(s) : Fill in the date you -against- petition with the State Court Administrator. filed the : Mark the appropriate method of filing used. : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .COMPLETING INSTRUCTIONS FOR . . . . . . CERTIFICATE OF SERVICE Fill in the date you served the petition to THE PEOPLE OF THE STATE OF NEW YORK the other parties. TO You must send a copy of the petition to the parties which are listed. Although the names and addresses for some of the parties have been provided, you must indicate that you have served them with a copy of the petition. You will need to fill in the name and address for the other parties indicated. GREETINGS: Mark the appropriate method of service you used to serve the parties. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this REVIEW punishable as a contempt APPEALS BEFORE THE FILE THE PETITION FOR JUDICIAL subpoena isWITH THE COURT OFof court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a DEADLINE, AND SEND COPIES OF EVERYTHING YOU FILE WITH THE COURT OF APPEALS result of your failure to comply. TO THE PARTIES LISTED ON THE CERTIFICATE OF SERVICE. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. IN THE COURT OF APPEALS OF THE : Calendar No. STATE OF OREGON Plaintiff(s) , ) ) ) ) ) ) ) -against- Petitioner, v. : JUDICIAL SUBPOENA Agency No. : : : ADULT AND FAMILY SERVICES DIVISION, a Division of the Department of Human Defendant(s) ) : ........ Resources,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .). . . . . . . . . ) PETITION FOR JUDICIAL Respondent(s). ) REVIEW THE PEOPLE OF THE STATE OF NEW YORK 1. Petitioner seeks judicial review of the final order of the (a) TO in agency case number (b) dated (c) . 2. The parties to this review are: GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of Adult and Family Services Division in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 500 Summer St. NE, Salem, OR 97310 3. Your failure to comply Attached to this petition with copy of the order, rule or ruling from the agency for which judicial is a this subpoena is punishable as a contempt of court and will make you liable to the party on whose review is sought. behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 4. Petitioner was a party to the administrative proceeding which resulted in the order for which Witness, , one of the Justices of the review is sought. Honorable 5. , 20 Court in County, day of “ “ Petitioner is not willing to stipulate that the agency record may be shortened. (Attorney must sign above and type name below) Petitioner is willing to stipulate that the agency record may be shortened and designates only the following portions to be included in the record: Attorney(s) for DATE: SIGNATURE: Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA CERTIFICATE OF FILING Plaintiff(s) I certify that on , I filed the original of the petition for judicial review with the State -againstCourt Administrator at the following address: : ATTN: Records Section : State Court Administrator Supreme Court Building : 1163 State Street Defendant(s) Salem, OR 97301-2563 : ...................................................... by the following method of filing: “ THE PEOPLE OF THEService, ordinary first class mail. United States Postal STATE OF NEW YORK “ TOUnited State Postal Service, certified or registered mail, return receipt requested. “ Hand delivery “ Other (specify): GREETINGS: CERTIFICATE OF SERVICE WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before I certify Honorable , I served a true copy of the petition for judicial review to the the that on at the Court following parties at the addresses set forth below: located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the “ SOLICITOR GENERAL, Office of the Attorney General, 400 Justice Building, Salem, Oregon 97301-4096 “ ADULT &failure to comply with this subpoenaResources Bldg.,a 500 Summercourt andNE, Salem,you liable to FAMILY SERVICES, Human Street Oregon Your is punishable as contempt of will make the97310-1013 party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. “ RESPONDENT: , one of the Justices of the “ Court in Witness, Honorable day of OTHER PARTY: County, , 20 by the following method of service: “ “ “ “ (Attorney must sign above and type name below) United States Postal Service, ordinary first class mail. United State Postal Service, certified or registered mail, return receipt requested. Attorney(s) for Hand delivery Other (specify): DATE: SIGNATURE: Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA (Page 2 of 6) IF-againstYOU WANT TO HANDLE YOUR OWN CASE : You are not required to hire a lawyer in order to file an appeal, but we strongly recommend that you : consider doing so. Filing and handling an appeal is not easy. It can seem especially hard to a person who is not a lawyer. The Supreme Court, Court of Appeals, and State Court Administrator's Office will not : bend the rules for you if you act as your own lawyer. Defendant(s) : ... .... . .... .... ..... ... ... ...... ... ...... If. you. wish .to. have .legal .advise,. 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. Under PEOPLE OF THE have a rightNEW YORK own lawyer. (ORS is a set of books containing all of THE ORS 9.320, you STATE OF to act as your the laws passed by the state legislature. These sets are kept in law libraries and some public libraries.) IfTO are not represented by a lawyer, your case will not be heard orally by this Court but will be decided you on the parties' written briefs. You are not allowed to represent your husband or wife or any other person or a corporation. Corporations are required by law to be represented by lawyers. You must read, learn, and follow all of the laws and rules that tell you how to do an appeal. If you do not GREETINGS: follow the laws and rules, your appeal may be dismissed. If it is dismissed because you did not follow the laws or rules, the court may never consider your case or decide the points that you want to bring up. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable In appeals from state agency orders, the notice of appeal is called a "petition for judicial at the Court located at and Appendix-E. In these instructions, the term "notice of County of review." See ORAP 4.15 appeal" refers also of petitions for judicial review.o'clock in the in room , on the day to , 20 , at noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the LAWS ON APPEAL If, in spite of all the problems, you still choose to handle your own appeal, you must learn the rules written by the state legislature: comply with this subpoena is punishable as a contempt of court and will make you liable to Your failure to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ORS Chapter 19--for result of your failure to comply. civil appeals from circuit court ORS ORS Chapter 138--for all criminal and post-conviction appeals Chapter 183--for most state agency appeals (Motor Vehicles Witness, Honorable example) , one of the Justices of the Division, for Court in County, day of , 20 If your case involves workers' compensation, unemployment compensation, juvenile, parental rights or other cases not covered by the general chapters numbered above, then you will need to follow the special laws affecting appeals in those kinds of cases. (Attorney must sign above and type name below) 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. Attorney(s) for Office and P.O. Address RULES Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA (Page 3 of 6) You will need to consult, very often, the Rules of Appellate Procedure (ORAP) of the Oregon Supreme -against: Court and Court of Appeals. You may want to buy a copy. To obtain a copy, send a written request with your name and address, along with payment of $15.00 to: : ATTN: Publications Section : State Court Administrator Supreme Court Building Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1163 .State . . . . . . . . . . . . . . . . . . . . . Street Salem, OR 97301-2563 The Records Section of the State Court Administrator's Office will try to help you understand the rules ifTHE PEOPLE OF THE STATE OF NEW YORK they cannot tell you how to handle your case. By law, you have questions about what they mean, but they cannot give you legal advice. They will not, in other words, substitute in any way for the lawyer that you have chosen not to hire. TO NOTICE OF APPEAL GREETINGS: There are two things that must be done on time to be certain that your case gets to court. If these two things are not done on time, your case will be automatically dismissed. If that happens, neither the Court WE the Supreme Court will business and your case. laid aside, you and each of you attend before of Appeals norCOMMAND YOU, that allever considerexcuses beingSee ORS 19.270(2). These two things are: Honorable notice of appeal; and 2) serve the at the of appeal. Court notice , the 1) file the County of located at Ordinarily, you have 30 days from the date of entry of the judgmento'clock in the the noon, and at any recessed or mailing of agency order being in room , on the day of , 20 , at appealed to file your appeal. See ORS 19.255. a witness incertain cases have a different filing time. You However, this action on the part of the or adjourned date, to testify and give evidence as must check the right part of the ORS for the time limit in your particular case. (1) To "file" a notice of appeal means that it must be received in the State Court Administrator's Office on Your failure to comply with this subpoena the mail is not enough, unless you andto the post you liable to or before deadline date. Dropping it in is punishable as a contempt of court go will make office and mail it tobehalf this Court Administrator for registered or certified mail, and get proof from the as a the party on whose the State subpoena was issued by a maximum penalty of $50 and all damages sustained post office of the mailing date. If you do that, the notice of appeal will be treated as "filed" on the result of your failure to comply. date that it was mailed. See ORS 19.260 and ORAP 1.35. Be sure to retain the proof because if the timeliness of your appeal is in question, you will be asked to send it in. Witness, Honorable , one of the Justices of the (2) To Court in "serve" a notice of appeal means that you must mail or deliver personally a copy of the notice County, day of , 20 of appeal to the lawyer or the party on the other side of the case. The notice must be served on all other parties or their lawyers, no matter how many there are. Service by certified mail is required by statute for certain types of cases. The copy must, therefore, be mailed within the same time (Attorney frame for the filing of the notice of appeal in most instances.must sign above and type name below) On the original of the notice of appeal that you file with the Court of Appeals, you must include a written and signed statement that you have served a copy of the notice of appeal on the other side. You must name the person to whom you mailed it, the address to which you Attorney(s) for the date that you dropped the mailed it and copy in the mailbox addressed to that person. Office and P.O. Address FILING FEES Telephone No.: There is a filing fee of $237 for the following types of cases:Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Circuit Court Adoption -againstCircuit Court Civil Circuit Court Domestic Relations Circuit Court Probate Calendar No. : JUDICIAL SUBPOENA (Page 4 of 6) Circuit Court Traffic Infractions / Violations : Land Use Board of Appeals (LUBA) Workers’ Compensation : Most Agency review cases There is NOT a filing fee for the following types of cases: : Defendant(s) : Circuit .Court. Criminal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court Juvenile Circuit . . . . . ..... .... ........ Circuit Court Post-Conviction Circuit Court Termination Parental Rights Circuit Court Habeas Corpus Board of Parole & Post-Prison Supervision Circuit Court Mental Commitment Psychiatric Security Review Board THE PEOPLE OF THE STATE OF NEW YORK For those cases which require a filing fee, the filing fee should accompany the notice of appeal. Checks should be made payable to the State Court Administrator. The court has the authority to waive or defer TO payment of the filing fee on the ground of indigence. If you want to ask the court to waive or defer the filing fees, the court can furnish on request a form for the appellant to fill out. If the court waives the filing fee, the filing fee need never be paid. If the court defers the filing fee, you still owe it and if it is not paid by the time the appeal is finished, the unpaid filing fee becomes a judgment against you. See GREETINGS: ORS 21.605(1)(c). WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court UNDERTAKING ON APPEAL IN CIVIL CASES (TRIAL COURT CASES ONLY) located at County of in appellant (the person who isday of , on the , 20 , at o'clock in the Theroom appealing) is required to file an "undertaking," which noon, and atpromise is a written any recessed to pay the costs incurred by and respondent on appeal if the appellant loses the appeal. The promise must or adjourned date, to testify the give evidence as a witness in this action on the part of the 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 Your failureor for other reasons. The undertaking must be filed in the trial court makea copy to indigence to comply with this subpoena is punishable as a contempt of court and will and you liable served on on whose behalf this subpoena was issued for a maximum that all of $50 andconnection with the as a the party the opposing party and on the appellate court. Note penalty filings in all damages sustained undertaking take place in the trial court, not the appellate court. result of your failure to comply. RECORDWitness, Honorable ON APPEAL Court in County, , one of the Justices of the day of , 20 Record on Appeal Generally: An appellate court usually will need some or all of the lower court (trial court or agency) record in order to decide an appeal. The complete lower court record would include the lower court file (containing all the papers filed with the lower court), exhibits (the evidence offered at (Attorney trial), and a record of oral proceedings of hearings and the trial, if a must sign above and type name below) file trial was held. The lower court 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 record is to be the Attorney(s)appeal is called "designating the record on for record." If you designate less than the complete trial court record as the record on appeal, the other side can designate additional parts of the record. Office and P.O. Address Audio Record for Trial Court Case: Neither the lower court nor the appellate court is responsible for getting a transcript prepared. Usually, the party who designates a transcript is responsible for making Telephone No.: arrangements with the trial court transcript coordinator for preparing it, including payment for it. Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) MOTION TO DISMISS APPEAL -against- Calendar No. : JUDICIAL SUBPOENA (Page 5 of 6) : A "motion" is any request by a party that the court take some action. If the other side, at any time, files : a motion to dismiss your appeal, the other side must mail you a copy of that motion. You have 14 days from the date it was mailed to file and serve a response to that motion. See ORAP 7.05 to 7.30. If you do file a response, the court will be able to consider your point of: view in deciding whether to dismiss the case. Defendant(s) : ...................................................... If your appeal is dismissed, either on motion of the other side or on the court's own motion, you will receive a notice that it has been dismissed. That notice will be in the form of an order. IfTHE PEOPLE dismissed, you haveNEW YORK the date of the order of dismissal to file and serve a your case is OF THE STATE OF 35 days from petition for review with the Oregon Supreme Court under ORAP 9.05. This gives you a chance to tell the Supreme Court that the Court of Appeals made a mistake when it dismissed your appeal and to seek TO reinstatement of the appeal. BRIEFS ON APPEAL GREETINGS: ORAP Section 5 covers the subject of "briefs" completely. A "brief" is a statement of your side of the case. YouWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before must follow the format required by the rules. See ORAP 5.05 through 5.80. the Honorable at the Court The appealing party's brief must include at statement of the facts of the case. Each statement of fact must located a County of refer to the record and the where that fact appears. If it at show day of the court may noon, and at any recessed in room , on , 20 , does not,o'clock in the strike the entire brief. Appeals are for the purposeand give evidence as a witnesserrors committed by the trial court or agency in of reviewing alleged legal in this action on the part of the or adjourned date, to testify rulings or 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 at all. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to The rules also require thatthis subpoena court, in your a maximum penalty of $50believe the trial court or as a the party on whose behalf you tell the was issued for brief, what mistake you and all damages sustained agencyof your failure to comply. "assignments of error," and they must be very specific. The rules require made. These are called result that you set out in the brief the exact words used by the trial court or agency when it made what you claim to be an error. Witness, Honorable , one of the Justices of the After each "assignment of error," you have to make your "argument." This is a brief statement of the legal Court in County, day of , 20 reasons why the trial court or agency was wrong. You ordinarily may not include in your brief a statement about anything that has happened after the date (Attorney of the trial court judgment or agency order that you are appealing. must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) NO RIGHT TO MAKE ORAL PRESENTATION -against- Calendar No. : JUDICIAL SUBPOENA (Page 6 of 6) : After both your brief and the other side's brief have been filed, you will be informed that the case has been : submitted to the court for decision and the date of the submission. Because you do not have a lawyer, the Court of Appeals will not hear argument in the case by either side. See ORAP 6.05(2). : This means that, unlike a case where both sides have lawyers, you will not have a chance to talk personally Defendant(s) : to the court. in a .public .court session. . The.court .will .only .read.the briefs and the trial court record and then ........ ... ..... ........... ... .... ... ... ... .. decide your case. You may, however, make a motion to seek permission to argue. See ORAP 6.10(4). After your case is submitted for decision, it will ordinarily take from one week to several months for the court to decide it. Many STATE OF NEW YORK a full written "opinion." This means that the court may THE PEOPLE OF THE cases are decided without decide your case without writing any explanation of the reasons for its decision. TO You will receive by mail a copy of the court's decision. Any party seeking to obtain review of a Court of Appeals decision must file a petition for review with the Oregon Supreme Court within 35 days of the date of the Court of Appeals decision. See ORAP 9.05. IfGREETINGS: the Oregon Supreme Court denies your petition for review, or the petition for review filed by the other side, that is ordinarily the end of the case in the Oregon courts. The Records Section of the State Court WE COMMAND issue that all business and excuses being laid aside, you and each document that Administrator's Office will YOU, the "appellate judgment." The appellate judgment is theof you attend before officially notifies the court or agency from which the appeal was taken of the appellate court's decision , the Honorable at the Court and transmits the case back to thelocated ator lower court. If a timely petition for review has been filed by agency County of any room the appellate judgment in the case cannot issue from the Recordsthe in party, , on the day of , 20 , at o'clock in Section untiland at any recessed noon, the Supreme Court decidesdate, to testify and give evidence as a witness in this action on the part of the to allow or deny review. or adjourned R:\Shared Folders\Team1\Pro Se Packets\Adult & Family Services.wpd Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com