ORAP 10.05

The 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.