ORAP 2.35

(1) As used in this rule, "decision" means any oral or written ruling of a circuit court

or the Tax Court.

(2) The Supreme Court in a direct appeal of a decision to that court and the Court of

Appeals in an appeal of a decision to that court may make a summary determination of whether

the decision is appealable.

(3) (a) If the court makes a summary determination of appealability, the order or

opinion expressing the court's determination shall expressly state that the determination is

a summary determination under ORS 19.235(3). The order or opinion also shall contain

a notice informing the parties that the order or opinion is a summary determination of

appealability under ORS 19.235(3), that the determination is subject to review or

reconsideration by the Supreme Court, that the petition for review shall be filed within 14

days after the order or opinion or such shorter time as may be ordered by either court and

that the Supreme Court will expedite its consideration of the petition.

(b) If an appellate determination of appealability does not expressly state that

it is a summary determination of appealability under ORS 19.235(3), then the

determination is not subject to ORS 19.235(3) or this rule.

(4) Unless a shorter period of time is ordered by the Court of Appeals or the Supreme

Court, a petition for review of a summary determination by the Court of Appeals or a petition for

reconsideration of a summary determination by the Supreme Court shall be filed within 14 days

after the date of the appellate court's determination. The caption of the petition shall prominently

display the words "Expedited Summary Determination of Appealability Pursuant to ORAP

2.35(3)." The Supreme Court shall expedite its consideration of a petition for review or

reconsideration of a summary determination of appealability.

(5) If the appellate court has determined that the decision is not appealable and has

dismissed the appeal, and the opportunity for review or reconsideration of that determination as

provided in this rule has been exhausted or has expired, the Administrator shall immediately

issue the appellate judgment.