ORAP 1.35

(1) Filing

(a) Filing Defined: Delivery, Receipt, and Acceptance

(i) A person intending to file a document in the appellate court must

cause the document to be delivered to the the appropriate court.

(ii) Delivery may be made as follows and otherwise as provided under

subsection (2) of this rule:

(A) Unless an exception applies under ORAP 16.30 or ORAP

16.60(2), an active licensee of the Oregon State Bar must deliver any

document for filing using the appellate eFiling system.

(B) Except as otherwise provided in ORAP 16.30 or 16.60(2),

any other person may file any document by either the eFiling system or by

paper filing. Paper filing should be made either by delivering the

document via U.S. Postal Service or commercial delivery service to the

appropriate appellate court: Supreme Court or Court of Appeals (as

appropriate), 1163 State Street, Salem, Oregon 97301-2563) or by hand

delivering the document to the appropriate court at its records office (

Supreme Court or Court of Appeals (as appropriate), 1163 State Street,

Salem, Oregon 97301-2563).

(iii) The Administrator or the Administrator's designee must endorse

upon any document delivered for filing the day and month, and the year the

appellate court received the document.

(iv) Filing is complete when the Administrator has accepted the

document. Except as otherwise provided by law or these rules, when the

Administrator has accepted a document for filing, the filing date relates back to

the date the appellate courts received the document for filing.

(v) A correction to a previously filed document must be made by filing

the entire corrected or amended document with the court. The caption of a

corrected or amended document must prominently display the word

"CORRECTED" or "AMENDED," as applicable.

(b) Manner of Filing

(i) "Initiating document" means any document that initiates a case,

including but not limited to a notice of appeal; a petition for judicial review; a

petition for a writ of mandamus, habeas corpus or quo warranto; and a

recommendation for discipline from the Oregon State Bar or the Commission on

Judicial Fitness and Disability. As used in this rule, "initiating document" does

not include a petition for review under ORAP 9.05[fn 1] or a motion for extension of

the time to file a petition for review under ORAP 9.05.

(ii) Use of the appellate eFiling system to deliver and file documents

with either appellate court is subject to Chapter 16 of these rules.

(iii) Using United States Postal Service or Commercial Delivery

Service

(A) A person may deliver an initiating document for filing via

the U.S. Postal Service or via commercial delivery service. Filing will be

complete on the date of mailing or dispatch only if the document is mailed

or dispatched accordance with ORS 19.260(1)(a). For filing to be

complete on the date of mailing or dispatch, the person may also be

required to provide proof to the appellate court as prescribed by ORS

19.260(1)(b).[fn 2]

(B) A person involuntarily confined in a state or local

government facility may deliver an initiating document for filing via the

U.S. Postal Service and the date of filing relates back to the date of

delivery for mailing if the person complies with ORS 19.260(3). If the

person relies on the date of delivery for mailing, the person must certify

the date of delivery to the person or place designated by the facility for

handling outgoing mail.

(C) Filing of any other document required to be filed within a

prescribed time, including any brief, petition for attorney fees, statement

of costs and disbursements, motion, or petition for review, is complete if

mailed via the U.S. Postal Service or dispatched via commercial delivery

service on or before the due date if the class of mail or delivery is

calculated to result in the appellate court receiving the document within

three calendar days.

(iv) Paper Filing Not Using U.S. Postal Service or Commercial

Delivery Service

If a person does not deliver a document for filing via the appellate

eFiling system, the U.S. Postal Service, or commercial delivery service as

provided in this paragraph, then the document is not deemed filed until the

document is actually received by the appellate court.

(v) Delivery by email is not permitted unless specifically authorized

elsewhere in these rules.

(2) Service

(a) (i) Except as provided in clause (2)(a)(ii) of this subsection, a party

filing a document with the court must serve a true copy of the document on each

other party or attorney for a party to the case.[fn 3]

(ii) A party filing a motion for waiver or deferral of court fees and

costs under ORS 21.682 need not serve on any other party to the case a copy of

the motion or any accompanying documentation of financial eligibility.[fn 4] After the

court has ruled on the motion, if another party to the case requests a copy of the

motion or documentation of financial eligibility for the purpose of challenging the

court's ruling, the filing party must comply with the request but may redact

protected personal information as described in ORAP 8.50(1). As used in this

clause, "documentation of financial eligibility" means a document showing

eligibility for a government benefit based on financial need or an affidavit or

declaration showing the income, assets, and financial obligations of a party and

the party's household.

(b) Except as otherwise provided by law,[fn 5] a party may serve a document on

another person as provided in ORCP 9 or by commercial delivery service.

(i) If a party serves a copy of a document by the U.S. Postal Service

or commercial delivery service, the class of service must be calculated to result in

the person receiving the document within three calendar days.

(ii) Electronic service via the eFiling system is permitted only on

authorized users of the eFiling system and only as provided in ORAP 16.45.

(iii) Service by email or facsimile communication is permitted only as

provided in ORCP 9 F or G.

(c) Each service copy must include a certificate showing the date that the

party delivered the document for filing.

(d) Any document filed with an appellate court must contain either an

acknowledgment of service by the person served or proof of service in the form of a

statement of the date and manner of service, and the names and addresses of the persons

served, certified by the person who made service, except that:

(i) If a person was served by the appellate eFiling system, the

certificate must state that service was accomplished at the person's email address

as recorded on the date of service in the appellate eFiling system and need not

include the person's email address or mailing address.

(ii) If a person was served by email or by facsimile communication,

the proof of service must state the email address or telephone number used to

serve the person, as applicable, and need not include the person's mailing address.

(e) Service on Trial Court Administrators and Transcript Coordinators

(i) When a copy of a notice of appeal is required to be served on the

trial court administrator, service is sufficient if it is mailed or delivered to the

person serving in the capacity of trial court administrator for the county in which

the judgment or appealable order was entered.

(ii) When a copy of a notice of appeal is required to be served on the

transcript coordinator, service is sufficient if it is mailed or delivered to the office

of the trial court administrator for the county in which the judgment or appealable

order was entered, addressed to "transcript coordinator."

(iii) An authorized user of the trial court electronic filing system may

serve a copy of a notice of appeal on the trial court administrator and the

transcript coordinator by using the "Courtesy Copies" email function of that

system. The email address for each judicial district's trial court administrator and

transcript coordinator are available on the judicial district's website.