Rule 11.40 - REAPPORTIONMENT REVIEW: CONGRESSIONAL DISTRICTSThe practice and procedure for a direct appeal to the Supreme Court concerning reapportionment of the state into congressional districts under ORS 188.125 shall be as follows:
(1) Notice of appeal (a) A notice of appeal filed under ORS 188.125(9)(b), challenging a decision of the special judicial panel appointed pursuant to ORS 188.125(6) and (7) that dismissed a petition under ORS 188.125(9)(a), shall be filed with the Administrator no later than September 15 of the year in which the Legislative Assembly enacts the reapportionment.(b) A notice of appeal filed under ORS 188.125(10)(b), challenging a decision of the special judicial panel appointed pursuant to ORS 188.125(6) and (7) under ORS 188.125(10)(a), other than dismissal under ORS 188.125(9)(a), shall be filed with the Administrator no later than October 15 of the year in which the Legislative Assembly enacts the reapportionment.(c) The notice of appeal shall: (i) Comply, to the extent practicable, with ORAP 2.05, ORAP 2.10, and ORAP 2.25; and(ii) Be accompanied by the filing fee prescribed in ORS 21.010(5).(2) The appellant in an appeal under either subsection (1)(a) or (b) shall file an opening brief in support on the same date that the appellant files the notice of appeal. The brief shall attach an excerpt of record that includes: (a) Such part of the reapportionment as is necessary for a determination of the question presented and the relief sought; and(b) Any other part of the record necessary for a determination of the question presented and the relief sought, including any proposed alternative reapportionment.(3) The respondent in an appeal under either subsection (1)(a) or (b) shall file an answering brief no later than five judicial days after the opening brief is filed.(4) Reply briefs are discouraged, but, if an appellant in an appeal under either subsection (1)(a) or (b) chooses to file a reply brief, the brief shall be filed no later than two judicial days after the answering brief is filed.(5)Amicus curiae appearances are discouraged, but, if a person applies for leave to file an amicus curiae brief, the person shall file the application, accompanied by the brief tendered for filing, no later than the date that the respondent's answering brief is due. The following provisions of ORAP 8.15 apply to amicus curiae filings under this rule: ORAP 8.15(1), (2), (3), (5)(a)(iii), (6), (7), and (8), except that the provisions of ORAP 8.15(8) regarding time to appear and prescribing due dates do not apply.(6) Any brief in support of or in opposition to a notice of appeal, to the extent practicable, shall be filed in the same form as a brief on appeal in a civil action under these rules.(7) The following requirements apply to any notice of appeal, brief, or other document required or permitted to be filed under this rule: (a) All documents shall contain the litigant contact information required by ORAP 1.30, including, whether the filing party is represented or not, an email address at which the party can be served filings by others pursuant to ORCP 9 G and can receive notices and other communications from the court.(b) All documents shall be filed by 5:00 p.m. Pacific Time (PT) on the deadline day, using one of the following filing methods and no other method: (i) An attorney required to eFile a document pursuant to ORAP 16.60 shall submit it for eFiling by 5:00 p.m. PT on the deadline day, notwithstanding ORAP 16.25(1);(ii) A party not required to eFile a document under ORAP 16.60, including a self-represented party, may physically deliver it by 5:00 p.m. PT to the Appellate Court Administrator, Appellate Court Records Section, 1163 State Street, Salem, Oregon 97301-2563; or(iii) A self-represented party may email a document by 5:00 p.m. PT to appealsclerk@ojd.state.or.us, with the following subject line: "Case Filing under ORAP 11.40(7)(b)," notwithstanding ORAP 1.35 ( 1)(a) and ORAP 1.32 ( 1)(b) and (c). Any document that is filed by email shall comply, to the extent practicable, with the format requirements set out in ORAP 16.15. A party who files a document by email under this subsection shall comply with any subsequent instruction regarding payment of an applicable filing fee and shall respond to and comply with any other inquiry or direction sent from the Administrator or the Administrator's designee.(c) Any document rejected based on a filing deficiency shall be corrected and refiled by 7:00 p.m. PT on the deadline day.(d) Any document that is filed shall be served on the other parties, and on any other person required in this rule, on the same day the document is filed and, if filed on the deadline day, by 5:00 p.m. PT. The serving party shall use one of the following service methods and no other method: (i) If applicable, electronic service pursuant to ORAP 16.45;(ii) Email service pursuant to ORCP 9 G; or(e) Any document that is filed shall include proof of service, describing the person or persons served, the date of service, and the method of service as required by subsection (7)(d).(8) The court may invite oral argument from any appellant or respondent.(9) A petition for reconsideration may be filed for only the purpose of correcting a misstatement or inaccuracy. Any such petition is due within 1 judicial day after issuance of a decision. The Administrator shall not accept for filing, and the court will not consider, any petition tendered for filing after a reapportionment has become operative under ORS 188.125(14).Adopted on a temporary basis July 27, 2021, effective 8/1/2021; amended November 7, 2022, effective 11/7/2022; amended November 21, 2022, effective 1/1/2023.