OR · rules
ORAP 5.80
TIME FOR FILING BRIEFS
(1) Unless otherwise provided by statute or these rules, the appellant's opening brief
and excerpt of record shall be served and filed within 49 days after:
(a) the entry of the trial court order settling the transcript; or
(b) the filing of an agreed narrative statement with the trial court; or
(c) the transcript is deemed settled under ORS 19.370(7) or ORAP 3.40(5); or
(d) the appellate court enters an order waiving a transcript under ORAP
3.05(2); or
(e) if a transcript or narrative statement is not designated, the filing of the
notice of appeal; or
(f) in a judicial review case, the agency record has been settled.
(2) The respondent's answering brief shall be served and filed within 49 days after the
filing of the appellant's opening brief. If the court has given an appellant leave to file a
supplemental brief after the respondent's answering brief has been filed, the respondent's
supplemental brief shall be served and filed within 21 days after the filing of the appellant's
supplemental brief.
(3) A reply brief, if any, shall be served and filed within 21 days after the filing of the
respondent's answering brief or after a motion to file a reply brief is allowed, unless otherwise
provided in the order allowing the motion.
(4) An appellant's answering brief on cross-appeal or, in a case in which the appellant
is permitted to file a reply brief, an appellant's combined reply brief on appeal and answering
brief on cross-appeal shall be served and filed within 49 days after the filing of the opening brief
on cross-appeal.
(5) When a party other than an appellant is made a cross-respondent, that party shall
have 49 days after the filing of the opening brief on cross-appeal to serve and file an answering
brief on cross-appeal.
(6) A cross-appellant shall have 21 days after the date of the filing of an answering
brief on cross-appeal in which to serve and file a reply brief on cross-appeal, if permitted to do
so by these rules or by order of the court.
(7) In cases in which the appellant is represented in the Court of Appeals by the
Office of Public Defense Services, the appellant's opening brief shall be served within a period
of time established by the Chief Judge in consultation with Office of Public Defense Services.
(8) In complex cases, such as cases with multiple parties, multiple appeals or cross-
appeals, or both, the parties are encouraged to confer to develop a briefing schedule that varies
from the schedule that would otherwise result under this rule but that will present the parties'
positions in an orderly manner and to file a motion seeking approval of that suggested briefing
schedule.
Provenance
- Source
- courts.oregon.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
9e879eae752f1c65b98ce6ecdb42d4a67edcb638543f3c579cc63d8ac0a35a4c
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