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OR · rules

ORAP 5.70

REPLY BRIEF

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

(1) (a) Except as provided in subsection (3) of this rule, a party may file a reply

brief to a respondent's answering brief or an answering brief of a cross-respondent.

(b) A reply brief shall be confined to matters raised in the respondent's

answering brief or the answering brief of a cross-respondent; reply briefs that merely

restate arguments made in the opening brief are discouraged. A party is not expected to

file a reply brief if the opening brief adequately presents the party’s arguments.

(c) The court encourages a party who decides not to file a reply brief, as soon

as practicable thereafter, to notify the court in writing to that effect.

(2) The form of a reply brief shall be similar to a respondent's answering brief. A

reply brief shall have an index and shall contain a summary of argument.

(3) (a) Except on request of the appellate court or on motion of a party that

demonstrates the need for a reply brief, reply briefs shall not be submitted in the

following cases:

(i) traffic, boating, wildlife, and other violations;

(ii) habeas corpus;

(iii) civil commitment;

(iv) forcible entry and detainer; and

(v) judicial review of orders of the Land Use Board of Appeals and

Land Conservation and Development Commission in land use cases, as provided

in ORAP 4.66(1)(c).

(b) A motion for leave to file a reply brief shall be submitted within 14 days

after the filing of the brief to which permission to reply is sought. If a reply brief is

submitted with the motion, then:

(i) if the court grants the motion, the date of filing for the reply brief

relates backs to the date of the filing for the motion;

(ii) if the court denies the motion, the court will strike the reply brief.

Provenance

Source
courts.oregon.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
ee66ada7a08eb73500ec20cdb739b1e14206e61af5e50da58cec00ad72f57ead
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