ORAP 10.25

(1) This rule applies to a pretrial appeal under ORS 138.045(1)(a), (b), or (d) when

the defendant is charged with a felony and is in custody, and the trial court has dismissed or set

aside the accusatory instrument or suppressed evidence.[fn 1]

(2) In all cases subject to this rule:

(a) The case caption of any brief, motion, petition, or other paper filed with

the court shall include the words "EXPEDITED APPEAL UNDER ORS _____" and

identifying the statute authorizing the expedited appeal.

(b) Appellant's opening brief shall be due 35 days after the transcript settles.

Failure to file the opening brief within the prescribed time will result in automatic

dismissal of the appeal.

(c) Respondent's answering brief shall be due 35 days after appellant's

opening brief is served and filed. If respondent fails to file an answering brief within the

prescribed time, the appeal will be submitted on appellant's opening brief and oral

argument, and respondent will not be allowed to argue the case.

(d) Absent extraordinary circumstances, the court will not grant an extension

of time or reschedule oral argument.

(e) A motion made before oral argument will not toll the time for transmitting

the record, filing briefs, or hearing oral argument.