ORAP 10.35

(1) On joint motion of the parties to any appeal, a department of the Court of Appeals

may decide the merits of an appeal by unpublished order if the department determines;

(a) The appeal does not present a substantial question of law;

(b) All parties to the appeal agree both on the correct resolution of all

questions raised on appeal and on the appropriate disposition of the appeal; and

(c) A published opinion would not significantly benefit the bench, the bar, or

the public.

(2) Parties seeking relief based on the assertion that the appeal does not present a

substantial question of law must include a sufficient statement of facts of the case to show that

all of the questions raised on appeal are grounded in those facts.

(3) Parties are discouraged from moving for relief under this subsection when

resolution of the merits of the appeal would require the appellate court to try the cause anew

upon the record or to make one or more factual findings anew upon the record. The Court of

Appeals will exercise its discretion to grant relief under this subsection in such cases only in

exceptional circumstances.[fn 1]