ORAP 11.40

The practice and procedure for a direct appeal to the Supreme Court concerning

reapportionment of the state into congressional districts under ORS 188.125 shall be as follows:

(1) Notice of appeal

(a) A notice of appeal filed under ORS 188.125(9)(b), challenging a decision

of the special judicial panel appointed pursuant to ORS 188.125(6) and (7) that dismissed

a petition under ORS 188.125(9)(a), shall be filed with the Administrator no later than

September 15 of the year in which the Legislative Assembly enacts the reapportionment.

(b) A notice of appeal filed under ORS 188.125(10)(b), challenging a decision

of the special judicial panel appointed pursuant to ORS 188.125(6) and (7) under ORS

188.125(10)(a), other than dismissal under ORS 188.125(9)(a), shall be filed with the

Administrator no later than October 15 of the year in which the Legislative Assembly

enacts the reapportionment.

(c) The notice of appeal shall:

(i) Comply, to the extent practicable, with ORAP 2.05, ORAP 2.10,

and ORAP 2.25; and

(ii) Be accompanied by the filing fee prescribed in ORS 21.010(5).

(2) The appellant in an appeal under either subsection (1)(a) or (b) shall file an

opening brief in support on the same date that the appellant files the notice of appeal. The brief

shall attach an excerpt of record that includes:

(a) Such part of the reapportionment as is necessary for a determination of the

question presented and the relief sought; and

(b) Any other part of the record necessary for a determination of the question

presented and the relief sought, including any proposed alternative reapportionment.[fn 1]

(3) The respondent in an appeal under either subsection (1)(a) or (b) shall file an

answering brief no later than five judicial days after the opening brief is filed.

(4) Reply briefs are discouraged, but, if an appellant in an appeal under either

subsection (1)(a) or (b) chooses to file a reply brief, the brief shall be filed no later than two

judicial days after the answering brief is filed.

(5) Amicus curiae appearances are discouraged, but, if a person applies for leave to

file an amicus curiae brief, the person shall file the application, accompanied by the brief

tendered for filing, no later than the date that the respondent's answering brief is due. The

following provisions of ORAP 8.15 apply to amicus curiae filings under this rule: ORAP

8.15(1), (2), (3), (5)(a)(iii), (6), (7), and (8), except that the provisions of ORAP 8.15(8)

regarding time to appear and prescribing due dates do not apply.

(6) Any brief in support of or in opposition to a notice of appeal, to the extent

practicable, shall be filed in the same form as a brief on appeal in a civil action under these rules.

(7) The following requirements apply to any notice of appeal, brief, or other

document required or permitted to be filed under this rule:

(a) All documents shall contain the litigant contact information required by

ORAP 1.30, including, whether the filing party is represented or not, an email address at

which the party can be served filings by others pursuant to ORCP 9 G and can receive

notices and other communications from the court.

(b) All documents shall be filed by 5:00 p.m. Pacific Time (PT) on the

deadline day, using one of the following filing methods and no other method:

(i) An attorney required to eFile a document pursuant to ORAP 16.60

shall submit it for eFiling by 5:00 p.m. PT on the deadline day, notwithstanding

ORAP 16.25(1);

(ii) A party not required to eFile a document under ORAP 16.60,

including a self-represented party, may physically deliver it by 5:00 p.m. PT to

the Supreme Court, 1163 State Street, Salem, Oregon 97301-2563; or

(iii) A self-represented party may email a document by 5:00 p.m. PT to

appealsclerk@ojd.state.or.us, with the following subject line: "Case Filing under

ORAP 11.40(7)(b)," notwithstanding ORAP 1.35(1)(a) and ORAP 1.32(1)(b) and

(c). Any document that is filed by email shall comply, to the extent practicable,

with the format requirements set out in ORAP 16.15. A party who files a

document by email under this subsection shall comply with any subsequent

instruction regarding payment of an applicable filing fee and shall respond to and

comply with any other inquiry or direction sent from the Administrator or the

Administrator's designee.

(c) Any document rejected based on a filing deficiency shall be corrected and

refiled by 7:00 p.m. PT on the deadline day.

(d) Any document that is filed shall be served on the other parties, and on any

other person required in this rule, on the same day the document is filed and, if filed on

the deadline day, by 5:00 p.m. PT. The serving party shall use one of the following

service methods and no other method:

(i) If applicable, electronic service pursuant to ORAP 16.45;

(ii) Email service pursuant to ORCP 9 G; or

(iii) Hand delivery.

(e) Any document that is filed shall include proof of service, describing the

person or persons served, the date of service, and the method of service as required by

subsection (7)(d).

(8) The court may invite oral argument from any appellant or respondent.

(9) A petition for reconsideration may be filed for only the purpose of correcting a

misstatement or inaccuracy. Any such petition is due within 1 judicial day after issuance of a

decision. The Administrator shall not accept for filing, and the court will not consider, any

petition tendered for filing after a reapportionment has become operative under ORS

188.125(14).