ORAP 12.20

The procedure for certifying a question of law to the Supreme Court under ORS 28.200

through 28.255 shall be as follows:

(1) (a) The certification order shall set forth the question of law sought to be

answered and a statement of facts relevant to the question, including the nature of the

controversy in which the question arose. The statement of facts may be a brief,

memorandum, or other material from the file of the certifying court if it contains the

relevant facts and shows the nature of the controversy.

(b) The certification order shall be signed by the presiding judge and

forwarded to the Supreme Court by the certifying court's clerk of court or court

administrator accompanied by a copy of the court's register of the case. If the certifying

court's register does not show the names and addresses of the parties or their attorneys,

the court clerk or administrator shall separately provide that information.

(2) The filing and first appearance fees in the Supreme Court shall be equally divided

between the parties unless otherwise ordered by the certifying court in its order of certification.

The fees shall be collected when the parties file their stipulated or separate designations of

record, as provided in subsection (5) of this rule.

(3) (a) The case title and party roles shall be the same as those designated by the

certifying court.

(b) In deciding whether to accept a certified question, the Supreme Court will

not consider written argument from the parties or hold argument unless it specifically

directs otherwise.

(4) The Administrator shall send a copy of the court's order accepting or declining to

accept a certified question of law to the certifying court and to the parties.

(5) (a) If the court accepts certification of a question of law, the parties to the

certified question shall attempt to agree on a designation of the part of the record of the

certifying court necessary to a determination of the question. If the parties are unable to

agree on a designation of record, each party may file a separate designation of record.

(b) A stipulated designation of record or the parties' separate designations of

record shall be filed within 14 days after the date of the court's order accepting

certification.

(c) On receipt of a stipulated designation or separate designations of record,

the Administrator shall request from the certifying court's clerk of court or court

administrator the part or parts of the record as designated, and any parts of the record that

the Supreme Court determines may be necessary in answering the certified question(s).

The Administrator shall serve a copy of the request on the parties.

(6) (a) Unless otherwise ordered by the Supreme Court, the certified question of

law shall be briefed by the parties. The proponent of the question certified to the court

shall file the opening brief and any other party may file an answering brief. If the nature

of the question is such that no party is the proponent of the question, the plaintiff or

appellant shall file the opening brief and the defendant, respondent, or appellee shall file

the answering brief.

(b) The opening brief shall be served and filed within 28 days after the date

the Administrator requests the record from the certifying court. The answering brief shall

be served and filed within 28 days after the date the opening brief is served and filed. The

reply brief, if any, is due within 14 days of the date the answering brief is served and

filed.

(c) As nearly as practicable, briefs shall be prepared as provided in ORAP

5.05 through 5.52, except that, in lieu of assignments of error, the brief shall address each

certified question accepted by the court.

(7) The court shall issue a written decision stating the law governing the question

certified. Unless specifically ordered by the Supreme Court, costs will not be allowed to either

party. The Administrator shall send to the parties copies of the court's decision at the time the

decision is issued.

(8) Petitions for reconsideration of the court's decision shall be subject to ORAP 9.25.

After expiration of the period for filing a petition for reconsideration or after disposition of all

petitions for reconsideration, the Administrator shall send a copy of the decision under seal of the

Supreme Court to the certifying court and shall send copies thereof to the parties. Issuance of a

sealed copy of the court's decision to the certifying court terminates the Supreme Court case.