ORAP 12.09

(1) A petition for review filed in the Supreme Court pursuant to ORS 147.539 shall

comply substantially with ORAP 9.05(3)(a)(i) to (iii) and (vii) and ORAP 9.05(4), except:

(a) The petition must be entitled "PETITION FOR REVIEW UNDER ORS

147.539";

(b) The petition must include a statement of why the petition is timely; and

(c) The petition must contain proof of service on persons identified in ORS

147.537(6) and ORS 147.539.

(2) A petition for review under this rule must be accompanied by:

(a) A copy of the order for which appellate review is sought;

(b) Excerpts of the record, as described in ORS 147.537(4) and ORS 147.539;

(c) A memorandum of law with a statement of material facts and supporting

arguments and citations, in a form in compliance with ORAP 7.10(1) and (2), except as

otherwise provided by this rule.

(3) The petitioner shall file the original petition for review and the excerpts of the

record with the Supreme Court.

(4) A petition for review filed under this rule may refer to the criteria in ORAP 9.07

for allowing a petition for review and the following additional criterion: Whether the case

presents a significant issue involving the rights granted to crime victims by Article I, sections 42

and 43, of the Oregon Constitution.

(5) Notwithstanding ORAP 1.35(1)(c), a petition for review and the response, if any,

are deemed filed when those documents are physically received by the Supreme Court or, if the

documents are filed electronically, as provided by ORAP 16.25.

(6) Notwithstanding ORAP 1.35(2)(b), the petitioner shall serve a copy of the petition

for review and, if applicable, accompanying materials as provided in ORS 147.537(6) and (7)

and ORS 147.539. In addition to any other method authorized by law, and notwithstanding

ORAP 16.45(3) or ORCP 9 G,[fn 1] service may be by facsimile transmission or electronic mail as

provided in ORAP 12.08(5).

(7) The respondent may, but need not, file a response to a petition for review filed

under this rule. The respondent may file the original response within seven days of the petition

for review or within seven days after the Supreme Court issues an order granting review. The

response shall comply with ORAP 9.10, unless otherwise provided by this rule. The response

may contain a designation of parts of the trial court record not designated in the petition for

review.

(8) No briefs on the merits shall be filed, except as otherwise provided by court order.

(9) A petition for review under this rule shall be allowed if one less than a majority of

the judges eligible to vote on the petition vote to allow it.

(10) In cases where the court has allowed review, either the appellant or respondent

may request oral argument. Notwithstanding ORAP 6.15, the Supreme Court may grant or deny

such a request or may order oral argument on its own motion.

(11) A petition for reconsideration of a Supreme Court decision under this rule shall

comply with ORAP 9.25, except that it shall be filed within seven days of the date of the

decision.

(12) A victim may request that the court use initials in lieu of his or her first name in

the case caption. The court will grant such a request if filed within seven days of the petition for

review. Requests filed after seven days may be granted at the court's discretion.