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OR · rules

ORAP 2.22

APPEALS IN JUVENILE CASES

activein force · 2026-09-03 – presentact-effective-date

(1) For any eFiled document in any juvenile dependency case that must be served on

the parties to the appeal under ORAP 1.35:

(a) The party filing the document must use the "notification information"

function of the appellate courts' eFiling system to notify the attorney for any person who

was a party under ORS 419B.875(1)(a)(A)-(C), (H), or ORS 419B.875(1)(b) to the case

in the juvenile court from which the appeal was taken, when

(i) that person was not designated in the notice of appeal as a party to

the appeal; and

(ii) that person has not filed a notice of intent to participate on appeal

under ORAP 2.25(3).

(b) The notification sent to an attorney under subsection (a) will notify that

attorney that the document has been eFiled, but will not permit the attorney to view the

document, due to security that applies to juvenile cases in the eFiling system. The

notification does not operate as service.[fn 1] The attorney may access the document through

the appellate courts' remote electronic access system, if the attorney has juvenile case

permissions in that system.

(c) The certificate of service for a document eFiled must contain proof of the

notification required by this subsection.

(2) If an appeal is pending from an order or judgment of a juvenile court, the juvenile

court enters a subsequent appealable order or judgment, and a party to the juvenile court case

wishes to appeal from the subsequent order or judgment:

(a) If the party who wishes to appeal is the appellant in the pending appeal,

the appellant shall serve and file an amended notice of appeal from the subsequent order

or judgment.

(b) If the party who wishes to appeal is the cross-appellant in the pending

appeal, the cross-appellant shall serve and file an amended notice of cross-appeal from

the subsequent order or judgment.

(c) If the party who wishes to appeal is any other party to the case, that party

shall file a notice of appeal from the subsequent order or judgment.

(d) Any such notice of appeal, amended notice of appeal, or amended notice

of cross-appeal shall contain the appellate case number of the pending appeal and shall be

served and filed within 30 days after entry of the subsequent order or judgment.[fn 2]

(3) This subsection applies to a motion for relief from an order or judgment filed in

juvenile court under ORS 419B.923 during the pendency of an appeal.

(a) If the copy of the motion required to be served on the appellate court is not

entitled "MOTION FOR RELIEF FROM ORDER OR JUDGMENT UNDER ORS

419B.923," the copy shall be accompanied by a letter of transmittal identifying the

motion as a motion for relief under ORS 419B.923.

(b) Any party to the appeal may request the appellate court to hold the appeal

in abeyance pending disposition of the motion or allow the appeal to go forward. In the

absence of a request from a party, the court on its own motion will review the motion for

relief from judgment and decide whether to hold the appeal in abeyance. If the court

does not order the appeal to be held in abeyance, the appeal will go forward.

(c) If the appellate court holds an appeal in abeyance pending disposition of a

motion for relief from order or judgment and subsequently the court receives a copy of

the juvenile court's order deciding the motion, after expiration of the period within which

an appeal from the order may be filed, the appellate court will decide whether to

reactivate the case or take other action.

(d) A party wishing to appeal an order deciding a motion for relief from order

or judgment under ORS 419B.923 during the pendency of an appeal shall file a notice of

appeal within the time and in the manner prescribed in ORS chapter 19. The notice of

appeal as filed shall bear the same appellate case number assigned to the original notice

of appeal.

(4) At the request of a party to a juvenile case or on the court's own motion, the Chief

Judge may refer the case to the Appellate Settlement Conference Program under ORAP 15.05.

Provenance

Source
courts.oregon.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
5f7c30175390fb806b1c199b9e33d883926a4043cea6c8bf951a124371c5efec
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ORAP 2.22 — APPEALS IN JUVENILE CASES · binding.law