OR · rules
ORAP 11.15
MANDAMUS: BRIEFS AND ORAL ARGUMENT
(1) Unless otherwise directed by the court, and provided that the court does not
receive notice of compliance with the alternative writ of mandamus by the official to whom the
writ was issued, the relator shall file and serve the opening brief:
(a) Within 28 days after the date of issuance of the alternative writ of
mandamus, in a mandamus proceeding that challenges the action of a judge in a
particular case in the circuit court, the Tax Court, or the Court of Appeals; or
(b) Within 28 days after the date that the case is at issue on the pleadings, in
any other mandamus proceeding.
(2) The adverse party in a mandamus proceeding that challenges the action of a judge
in a particular case in the circuit court, the Tax Court, or the Court of Appeals, or the defendant
in any other mandamus proceeding, shall have 28 days after the date the relator serves and files
the opening brief to file the answering brief.
(3) The relator may file a reply brief only with leave of the court. A motion
requesting leave to file a reply brief shall be filed within seven days after the filing of the brief to
which permission to reply is sought. The content of a reply brief shall be confined to matters
raised in the answering brief, and the form shall be similar to an answering brief, but need not
contain a summary of argument.
(4) In complex cases, such as cases with multiple parties, multiple writs, or both, the
parties may confer and suggest an alternative briefing schedule as provided in ORAP 5.80(8).
(5) All briefs shall be prepared in substantial conformity with ORAP 5.35 through
5.50. An original brief shall be filed with the Supreme Court with proof of service showing that a
copy was served on each party.
(6) After the briefs are filed, unless the court directs that the writ will be considered
without oral argument, the court will set the matter for oral argument as in cases on appeal. At
oral argument, the parties shall argue in the order in which their briefs were filed.
Provenance
- Source
- courts.oregon.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
bde7f11217c2f2c860a3fe7ecf5dd6a7ffdc5cf817e5a763a121b89ca78c0230
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