How to Appeal a Court’s Decision in Oregon?
The process for filing an appeal in Oregon is straightforward. If you are unhappy with your trial's outcome then you can file an appeal by first filing a notice of appeal.
Notice of Appeal
You file your notice of appeal with the appellate court and notify the district court as well, along with the opposing attorney. You have only thirty days to file your notice of appeal. As long as you mail it certified mail, return receipt requested, it is considered filed the date you mail it. Your notice of appeal must include the following:
- The case name and number.
- Contact information for all parties involved.
- A statement of appeal.
- Contact information for all attorneys involved.
- List of the parts of the transcript that will be included for review.
- Statement of the points.
- Proof of service.
- A copy of the judgment.
- A filing fee which changes frequently, check the court website for current fees.
You must also pay a cost bond to the district court of $500 for fees that will be incurred during the appeals process. If you fail to do this, your case could be dismissed.
While the appeal process is going on, your prior verdict is not held so if you want to delay action, you will also need to file a Supersedeas petition. These are rarely granted though.
The appellant’s brief must be filed within twenty-one day after the notice of appeal is filed.
The appellee’s brief must be filed within twenty-one days after the appellant’s brief. Your brief must include the following:
- A statement, without argument of the facts and issues and what you want to be resolved.
- A statement of the statutes upon which you are basing your appeal.
- A brief statement of the issues.
- A concise summary of the arguments.
- References to case documents which support your argument.
No reply brief is allowed in Oregon.
There is a list of particular guidelines you must follow when preparing your brief, not only for content but also formatting and style.