A judicial appeal is a review in a higher court of a civil, criminal or administrative decision. In Oregon, the rules and procedures of appellate practice are governed by Oregon Revised Statutes Chapter 19 and the Rules of Appellate Procedure (ORAP). It is important, too, to know relevant caselaw.
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What can be appealed?
General judgments, limited judgments and supplemental judgments may be appealed as provided in ORS Chapter 19. So can orders that affect substantial rights or so affect an action as to prevent the issuance of a judgment. ORS 19.205.
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How to file an appeal
An appellant initiates an appeal in the Oregon Court of Appeals by filing a Notice of Appeal. ORS 19.240 An appellant must take care to properly serve all the appropriate parties to the appeal. Ineffective service of a Notice of Appeal is a significant source of malpractice. For further information on filing a Notice of Appeal, refer to ORS Chapter 19, ORAP 2 (and Appendix 2) or contact Giers Olsson PC.
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Should you appeal?
Many clients who lose a case at trial wish to fight on. However, appeals are slow and costly; one should use caution when advising a client to appeal. Statistically, the odds are against reversal. Generally, it makes sense to have an expert review the merits of an appeal before proceeding.
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Costs of an appeal
Appeals are expensive. Appellate attorney fees of $15,000 to $20,000 are common. Filing fees, bonds and undertakings add to the expense. Clients should gain a clear understanding of the potential expenses before embarking on an appeal.
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A process overview
A typical Oregon appeal will follow these steps: After the trial court enters judgment, appellant files a Notice of Appeal, typically within a 30-day deadline. Appellant will file additional Notices of Appeal from related/supplemental judgments, af necessary. Within 14 days of the filing of the Notice of Appeal, appellant files an undertaking for costs. Appellant also files a Supersedeas Undertaking, if necessary. Notice from the trial court's Transcript Coordinator triggers a transcript due date. Once the transcript is available, appellant reviews it for corrections and moves to correct, if necessary. Appellant's opening brief is typically due 49 days from the date that the transcript is settled; extensions often extend that date. After appellant files a brief, respondent's brief is prepared and filed. Appellant may then file a reply brief. Then the Court schedules oral argument. After argument, the parties wait—usually for a long time—for the Court to issue a decision.
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