ORAP 3.07

(1) If a trial court determines that the whole or a part of the trial court file or exhibits

to be transmitted to the appellate court is not subject to inspection by one or more parties, by the

attorney for any party, or by the public, and if the trial court is delivering the trial court file in

paper form, the trial court shall place such material in a separate, sealed envelope labeled as

follows:

(a) If the trial court determines that the material be subject to inspection only

by the parties or their attorneys, the trial court shall mark "confidential" on the envelope.

(b) If the trial court determines that the material not be subject to inspection

by anyone, including any party or any party's attorney, the trial court shall mark "sealed"

on the envelope.

(2) (a) In a criminal case, the presentence report is part of the record on appeal.

(b) After the notice of appeal is filed, upon request of counsel for either

defendant or the state, the trial court shall cause a copy of the presentence report to be

delivered forthwith to counsel, except that, if, pursuant to ORS 137.079, the trial court

has excepted from disclosure any part of the presentence report, the trial court shall

forward to counsel only those parts of the presentence report not excepted from

disclosure, with an indication that other matter has been excepted from disclosure.

(c) When the appellate court requests the trial court to forward the trial court

record, the trial court shall include the presentence report in a separate, sealed envelope

marked "confidential."

(d) Any material excepted from disclosure under ORS 137.079 shall be placed

in an envelope marked "sealed."

(e) The presentence report is not a public record and is not subject to

inspection or disclosure to a party, a party's attorney, or the public except as provided in

subsection (3) of this rule.

(3) (a) As to material other than a presentence report, upon request of a party or

an attorney for a party, the Administrator shall permit the party or counsel to inspect

material marked "confidential."

(b) As to a presentence report, upon request of counsel for either the

defendant or the state, the Administrator shall permit the party's attorney to inspect the

presentence report or any part thereof marked "confidential."

(4) The Administrator shall not permit any person to inspect "sealed" material, except

on order of the trial or appellate court or pursuant to subsection (7) of this rule.

(5) If the Administrator declines a person's request to permit inspection of

confidential or sealed material, the person may file a motion with the appellate court seeking

leave to inspect the material. The appellate court may decide the motion itself or remand the

motion to the trial court for a ruling.

(6) If the Administrator permits inspection of confidential or sealed material subject

to restricted inspection under this rule, the Administrator shall note on the envelope the date of

the inspection and the person who inspected the material.

(7) A judge of the appellate court, the judge's legal and administrative staff, and the

appellate court's legal and administrative staff may open and inspect any confidential or sealed

material as necessary to process or decide a matter pending before the court. If the material is

contained in an envelope, the person inspecting confidential or sealed material shall note on the

envelope the person's name and the date of the inspection.

(8) The provisions of this rule apply to the extent practicable and to the extent

authorized by law to any material submitted to an appellate court when the appellate court

determines that such material is not subject to inspection by a party, a party's attorney, or the

public. The appellate court may designate material as not subject to inspection by a party, a

party's attorney, or the public on its own motion or in response to a motion filed by any party.