ORAP 5.85

(1) Any party filing a memorandum of additional authorities or a response

memorandum shall submit the memorandum in the manner provided in this rule, subject to any

instructions of the court. A party may submit a memorandum of additional authorities after the

filing of the party's brief but before oral argument without leave of the court. After oral

argument, a party must file a motion for leave to file a memorandum of additional authorities. If

the party submits a memorandum of additional authorities with the motion, then:

(a) if the court grants the motion, the date of filing for the memorandum of

additional authorities relates back to the date of filing for the motion; or

(b) if the court denies the motion, the court will strike the memorandum of

additional authorities.

(2) A memorandum of additional authorities and a response, if any:

(a) Shall include citations to relevant cases and statutes and shall identify the

issue that has been previously briefed to which the new citations apply;

(b) Shall not exceed two pages, without leave of the court;

(c) Shall be filed with the appellate court.[fn 1]

(d) If filed less than five business days before oral argument, shall include in

the caption the words "ORAL ARGUMENT SCHEDULED FOR [DATE]."

(3) If a party files or is given leave to file a memorandum of additional authorities,

any other party to the case who has filed a brief may file a response. Unless the court directs

otherwise, a response is due

(a) 14 days after the date of filing of the memorandum of additional

authorities to which the party is responding; or

(b) if the date of filing of the memorandum of additional authorities relates

back to the date of filing of the motion under paragraph (1)(a) or this rule, 14 days after

the date of entry of the order granting the motion.