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OR · rules

ORAP 4.68

CROSS-PETITIONS

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

(1) On judicial review of a LUBA decision, an LCDC decision, or a referee decision:

(a) A cross-petition for judicial review, if any, shall be served and filed within

seven days after the filing of the petition for judicial review.

(b) A cross-petitioner's opening brief and excerpt of record shall be served

and filed within 14 days after the filing of petitioner's opening brief and may, if

appropriate, be combined with the respondent's answering brief. If combined with the

respondent's answering brief, a cross-petitioner's opening brief shall be served and filed

within 21 days after the filing of the petitioner's opening brief.

(c) A cross-respondent's answering brief shall be due seven days after the

filing of the cross-petitioner's opening brief. Notwithstanding ORAP 1.35(1)(d) and

(2)(b), a cross-respondent shall file and serve the cross-respondent's answering brief in

such a manner as to cause actual receipt of the brief by the appellate court and by all

other parties to the judicial review no later than one business day after the brief is due. If

the cross-respondent fails to file an answering brief on cross-petition within the time

allowed by this rule, the cross-petition will be submitted on cross-petitioner's brief and

oral argument, and cross-respondent will not be allowed to argue issues raised by the

cross-petition.

(d) No reply brief on cross-petition shall be permitted.

(2) On judicial review of a CRGC decision, the procedure for cross-petitions shall be

the same as for judicial review of administrative proceedings, and briefing on cross-petitions

shall be completed according to the deadlines set out in ORAP 5.80.

Provenance

Source
courts.oregon.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
4186419f857ac797f5fe516032b78e96eb0cbf23095828ffc9b7e53ae0a9ff88
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