Opinion
Chief Justice Order 09-01; Nos. Chief Judge Order 09-02.
January 29, 2009.
ORDER ADOPTING TEMPORARY AMENDMENTS TO THE OREGON RULES OF APPELLATE PROCEDURE
Pursuant to ORAP 1.10(3), the appellate courts may, from time to time, adopt temporary amendments to the Oregon Rules of Appellate Procedure. The appellate courts, by this order, adopt temporary amendments to the Oregon Rules of Appellate Procedure. The amendments set out in this order are effective February 2, 2009.
Amended rules are shown below and in the attached pages with material to be deleted in strikeout print and material to be added in boldface print.
Dated this 29th day of January 28, 2009.
Dated this 28th day of January 28, 2009.
Rule 9.17 BRIEFS ON THE MERITS ON REVIEW
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(5) Any party filing a brief on the merits, including any intervenor and any person who has been granted permission to appear amicus curiae, shall submit a copy of the brief on review in electronic form in addition to complying with the filing and service requirements in subsection (4).1 A party who electronically files a brief using the appellate courts' eFiling system, pursuant to chapter 16 of these rules, is exempt from the requirements of this section. A person confined in a state institution and not represented by counsel who is filing a brief on the merits is exempt from the requirements of this subsection. Any party who lacks the technological capability to comply with this subsection may file a motion to be relieved from the requirements of this subsection at the same time that the party files its brief on the merits.
(a) The filing party shall submit the electronic form of the brief on the merits in Portable Document Format (PDF) configured at a resolution of 300 dpi and attach the electronic form of the brief to an e-mail sent to briefs@ojd.state.or.us. The subject line of the e-mail shall contain the case title and Supreme Court case number as assigned by the Administrator in substantially the following format: "Doe v. Smith, SC __________" The e-mail address is to be used for the purpose of submitting an electronic brief on the merits only. The Administrator will not respond to any e-mail sent to this address. Submission of any document by e-mail to this address will not constitute compliance with any other filing, service, or submission requirement of these rules.
(b) The electronic form of the brief on the merits shall be identical in content and format to the printed form of the brief. The filing party shall include in the electronic form of the brief on the merits the excerpt of record and appendices to the brief unless the filing party lacks the technological capability to convert the excerpt of record or appendices into electronic form. A party who submits an electronic version of a brief on the merits without the excerpt of record or appendices shall inform the court in the body of the transmittal e-mail that the party lacks the technological capability to convert the excerpt of record or appendices into electronic form.
(c) If a brief on the merits contains material that is, by statute, rule, or court order, confidential or exempt from disclosure, the filing party shall provide both a redacted version and an unredacted version in separate attachments.2 The filing party should name the attachments so as to allow easy identification of each version.
(d) The filing party shall submit the electronic form of the brief on the merits via e-mail on the same day that the filing party mails or delivers the brief to the Administrator.
(e) The filing party shall certify that the e-mail attachment containing the electronic form of the brief on the merits has been scanned for viruses and that it is virus-free.
1 As needed, the court will post additional information regarding this subsection on the Judicial Department's website, www.ojd.state.or.us. In the menu bar, select "COURTS." On the Oregon Courts page, select "Supreme Court." On the Supreme Court page, select "E-mail Copies of Merits Briefs."
2 See ORAP 5.95.
Rule 13.05 COSTS AND DISBURSEMENTS
(1) As used in this rule, "costs" includes costs and disbursements. "Allowance" of costs refers to the determination by the court that a party is entitled to claim costs. "Award" of costs is the determination by the court of the amount that a party who has been allowed costs is entitled to recover.1
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(5) (a) A party seeking to recover costs shall file a statement of costs and disbursements within 21 days after the date of the decision. The filing of a petition for review or a petition for reconsideration does not suspend the time for filing the statement of costs and disbursements.
(b) A party need only file the original statement of costs and disbursements, without copies, but accompanied by proof of service showing that a copy of the statement was served on every other party to the appeal.
(c) A party objecting to a statement of costs and disbursements shall file objections within 14 days after the date of service of the statement. A reply, if any, shall be filed within 14 days after the date of service of the objections. The original objection or reply shall be filed with proof of service and eight copies in the Supreme Court, or the original and five copies in the Court of Appeals.
(6) (a) (i) Except as provided in clause (ii) of this paragraph, whether a brief is printed or reproduced by other methods, the party allowed costs is entitled to recover 10 cents per page for the number of briefs required to be filed or actually filed, whichever is less, plus two copies for each party served and two copies for each party on whose behalf the brief was filed.
(ii) If a party filed a brief using the eFiling system, the party allowed costs is entitled to recover the amount of the transaction charge and document recovery charge incurred by that party for electronically filing the brief, as provided in paragraph (b) of this subsection. The party allowed costs is not entitled to recover for the service copy of any brief served on a party via the eFiling system, but is entitled to recover for two copies for each party served conventionally.(b) If the party who has been allowed costs has incurred transaction charges or document recovery charges in connection with electronically filing any document, the party is entitled to recover any such charge so incurred.
(e)(d) (i) For the purposes of awarding the prevailing party fee under ORS 20.190(1)(a), an appeal to the Court of Appeals and review by the Supreme Court shall be considered as one continuous appeal process and only one prevailing party fee per party, or parties appearing jointly, shall be awarded.
(ii) The prevailing party fee will be awarded only to a party who has appeared on the appeal or review.
(iii) A prevailing party is not entitled to claim more than one prevailing party fee, nor may the court award more than one prevailing party fee against a nonprevailing party, regardless of the number of parties in the action.2
(e) (f) If a prevailing party who has been allowed costs untimely files a statement of costs and disbursements, that party is entitled to recover the party's filing or first appearance fee and the prevailing party fee under ORS 20.190(1).
(f) (g) If a prevailing party who has been allowed costs does not file a statement of costs and disbursements, the court shall award that party's filing or first appearance fee and the prevailing party fee under ORS 20.190(1) as part of the appellate judgment.
(7) Parties liable for payment of costs and disbursements shall be jointly liable.
1 See generally ORS 20.310 to 20.330 concerning costs and disbursements on appeal and in cases of original jurisdiction.
2 See ORS 20.190(4).