ORAP 5.57

(1) A respondent must cross-assign as error any trial court ruling described in

subsection (2) of this rule in order to raise the claim of error in the appeal.[fn 1]

(2) A cross-assignment of error is appropriate:

(a) If, by challenging the trial court ruling, the respondent does not seek to

reverse or modify the judgment on appeal; and

(b) If the relief sought by the appellant were to be granted, respondent would

desire reversal or modification of an intermediate ruling of the trial court.

(3) The appellant's answer to a cross-assignment of error shall be in the form

prescribed by ORAP 5.55 for a respondent's answering brief and shall be:

(a) Contained in a separate section of the appellant's reply brief, if a reply

brief is permitted under ORAP 5.70, and designated "response to cross-assignment of

error;" or

(b) Filed within 21 days after the filing of the respondent's answering brief, if

a reply brief is not permitted under ORAP 5.70, and entitled "appellant's answer to cross-assignment of error."

(4) A respondent may file a reply to an appellant's answer to a cross-assignment of

error only if the nature of the case is one in which a reply brief is permitted under ORAP 5.70

and ORAP 5.80(3). The reply must comply with the requirements for a reply brief prescribed by

ORAP 5.05, and it must be filed within 21 days after the filing of the appellant's answer to a

cross-assignment of error.