ORAP 12.40

When the legislature provides for direct review of a statute, except as otherwise provided by

statute or court order:

(1) The petition shall, to the extent practicable, allege one or more claims for relief as

provided in ORCP 18.

(2) A response to the petition shall be filed within 14 days after the petition is filed

and shall, to the extent practicable, respond to the petitioner's claims for relief as provided in

ORCP 19.

(3) The petitioner may file a reply to assert any affirmative allegations in avoidance

of any affirmative defenses asserted in the response. A reply shall be filed within 14 days after

the response is filed.

(4) No later than 14 days after the response described in paragraph (2) is filed, the

parties shall confer about the facts necessary for the court's resolution of the legal and procedural

issues, and the petitioner shall file a joint statement that:

(a) Identifies all stipulated facts;

(b) States whether any facts are disputed and, if so, explains the parties'

respective positions as to those facts; and

(c) Explains the parties' positions as to whether the court should appoint a

special master.

(5) The time for filing briefs set out in ORAP 5.80 applies, except that the opening

brief is due 49 days after the court settles the record.

(6) To the extent practicable, the rules set out in ORAP Chapter 5 apply to the form

and content of any brief filed.