Rule 10.05 - APPLICATION FOR INTERLOCUTORY APPEAL IN CLASS ACTIONThe practice and procedure governing applications to appeal from certain court orders involving questions of law under ORS 19.225 shall be as follows:
(1) An application to file an interlocutory appeal under ORS 19.225 shall be entitled "Appellant's Application for Interlocutory Appeal Pursuant to ORS 19.225." The applicant shall be entitled "Appellant" and the opposing party "Respondent." The application shall be accompanied by the appellant's filing fee.(2) The application shall consist of: (a) A statement not exceeding three pages formally applying for leave to file notice of appeal and informing the court of the nature of the cause or causes of action involved, the specific order desired to be appealed and its effect on the litigation, and the controlling question of law pertinent to the application.(b) A memorandum not exceeding 10 pages explaining why the application should be allowed, accompanied by a copy of any exhibits necessary to the explanation.(c) A notice of appeal in the form provided in ORAP 2.05.(3) An applicant shall file with the Administrator the original application and all accompanying papers, together with proof of service on all other parties to the case and the trial court judge.(4) The opposing party shall be allowed 14 days within which to file an answer, which shall be entitled, "Respondent's Memorandum in Response to Application for Interlocutory Appeal Pursuant to ORS 19.225." The answering memorandum shall not exceed 10 pages and shall be accompanied only by the exhibits necessary to support the explanation why the application should not be allowed.(5) The respondent shall file with the Administrator the original answering memorandum and all accompanying papers, together with proof of service on all other parties to the case and the trial court judge. The answering memorandum shall be accompanied by the respondent's appearance fee.(6) If the respondent seeks to appeal from an order under ORS 19.225 independently of the appellant, the respondent shall accompany the answering memorandum with an application in the form required by this rule and an appellant's filing fee. If the respondent seeks to cross-appeal from the same order that the appellant seeks to appeal only if the court allows the appellant's application, respondent shall tender a notice of cross-appeal but need not comply with subsections (2), (3), and (5) of this rule. (7) An applicant shall be allowed seven days within which to file a reply, consisting of no more than seven pages, which shall be entitled "Appellant's Reply to Memorandum in Response to Application for Interlocutory Appeal Pursuant to ORS 19.225." The applicant shall file the original reply together with proof of service on all other parties to the case and the trial court judge.(8) If the Court of Appeals allows an application under ORS 19.225, the notice of appeal and notice of cross-appeal are deemed filed as of the date of the order allowing the application. The appeal shall then proceed in accordance with the statutes and rules governing civil appeals.