ORAP 5.45

(1) Assignments of error are required in all opening briefs of appellants and cross-appellants. No matter claimed as error will be considered on appeal unless the claim of error was

preserved in the lower court and is assigned as error in the opening brief in accordance with this

rule, provided that the appellate court may, in its discretion, consider a plain error.[fn 1]

(2) Each assignment of error must be separately stated under a numbered heading.

The arrangement and form of assignments of error, together with reference to pages of the

record, should conform to the illustrations in Appendix 5.45.

(3) Each assignment of error must identify precisely the legal, procedural, factual, or

other ruling that is being challenged.

(4) (a) Each assignment of error must demonstrate that the question or issue

presented by the assignment of error timely and properly was raised and preserved in the

lower court. The court may decline to consider any assignment of error that requires the

court to search the record to find the error or to determine if the error properly was raised

and preserved. Under the subheading "Preservation of Error":

(i) Each assignment of error, as appropriate, must specify the stage in

the proceedings when the question or issue presented by the assignment of error

was raised in the lower court, the method or manner of raising it, and the way in

which it was resolved or passed on by the lower court.

(ii) Each assignment of error must set out pertinent quotations of the

record where the question or issue was raised and the challenged ruling was made,

together with reference to the pages of the transcript or other parts of the record

quoted or to the excerpt of record if the material quoted is set out in the excerpt of

record. When the parts of the record relied on under this clause are lengthy, they

must be included in the excerpt of record instead of the body of the brief.

(iii) If an assignment of error challenges an evidentiary ruling, the

assignment of error must quote or summarize the evidence that appellant believes

was erroneously admitted or excluded. If an assignment of error challenges the

exclusion of evidence, appellant also must identify in the record where the trial

court excluded the evidence and where the offer of proof was made; if an

assignment of error challenges the admission of evidence, appellant also must

identify where in the record the evidence was admitted.

(b) Where a party has requested that the court review a claimed error as plain

error, the party must identify the precise error, specify the state of the proceedings when

the error was made, and set forth pertinent quotations of the record where the challenged

error was made.

(5) Under the subheading "Standard of Review," each assignment of error must

identify the applicable standard or standards of review, supported by citation to the statute, case

law, or other legal authority for each standard of review.[fn 2]

(6) Each assignment of error must be followed by the argument. If several

assignments of error present essentially the same legal question, the argument in support of them

may be combined so far as practicable.

(7) The court may decline to exercise its discretion to consider plain error absent a

request explaining the reasons that the court should consider the error.[fn 3]