Rule 4.74 - SUMMARY DETERMINATION OF LUBA JURISDICTION BY COURT OF APPEALS(1) When a question arises whether authority to review a case lies in a circuit court or in LUBA, the circuit judge or the chairperson of LUBA shall refer the question to the Court of Appeals through the Administrator.(2) The circuit judge or chairperson, as appropriate, shall sign an order referring the matter to the Court of Appeals, setting forth why the question has arisen and briefly summarizing the jurisdictional contentions.(3) The circuit judge or chairperson, as appropriate, may either request counsel for one of the parties to have copies of all documents in the file prepared for transmittal to the Court of Appeals or may direct that it be done by the trial court administrator or the equivalent LUBA staff person. In either event, either the counsel so designated or the circuit judge or chairperson shall address a letter to the Administrator to accompany the transmittal of the file stating that the file is being transmitted pursuant to ORS 34.102(5) and informing the Administrator whether the matter needs to be decided within a certain time.(4) If counsel for either party or the circuit judge or chairperson, as appropriate, desires to set forth legal points or authorities in support of a position, a memorandum of points and authorities shall accompany the file and cover letter and be transmitted to the Administrator with the file.(5) The decision of the Court of Appeals shall be made as expeditiously as practicable, and the decision shall be communicated in writing to the circuit judge or chairperson, with copies to counsel for the parties.(6) Nothing in this rule shall be construed as limiting the authority of a judge of any court to transfer a case to another court that has jurisdiction over the matter. See ORS 34.102(5).