ORAP 5.90

(1) If counsel appointed by the court to represent an indigent defendant in a criminal

case on direct appeal has thoroughly reviewed the record, has discussed the case with trial

counsel and the client, and has determined that the case does not raise any arguably meritorious

issues, counsel shall file an opening brief with two sections:

(a) Section A of the brief shall contain:

(i) A statement of the case, including a statement of the facts of the

case. If the brief contains a Section B with one or more claims of error asserted by

the client, the statement of facts shall include facts sufficient to put the claim or

claims of error in context.

(ii) A description of any demurrer or significant motion filed in the

case, including, but not limited to, a motion to dismiss, a motion to suppress and a

motion in limine, and the trial court's disposition of the demurrer or motion.

(iii) A statement that the case is being submitted pursuant to this rule,

that counsel has thoroughly reviewed the record and discussed the case with trial

counsel and the client, and that counsel has not identified any arguably

meritorious issue on appeal. If the brief does not contain a Section B, counsel

also shall state that counsel contacted the client, gave the client reasonable

opportunity to identify a claim or claims of error, and that the client did not

identify any claim of error for inclusion in the brief.

(iv) Counsel's signature.

(b) (i) Section B of the brief is the client's product and may contain any

claim of error that the client wishes to assert. The client shall attempt to state the

claim and any argument in support of the claim as nearly as practicable in proper

appellate brief form. Section B of the brief shall not exceed 48 pages in length.

The last page of Section B of the brief shall contain the name and signature of the

client.

(ii) Counsel's obligation with respect to Section B of the brief shall be

limited to correcting obvious typographical errors, preparing copies of the brief as

needed, serving the appropriate parties, and filing the original brief with the court.

(2) A case in which appellant's opening brief is prepared and filed under this rule

shall be submitted without oral argument, unless otherwise ordered by the court.

(3) On reviewing the record and the briefs filed by the parties, if the court identifies

one or more arguably meritorious issues in the case, the court shall notify appellant's counsel of

the issue or issues so identified. Appellant's counsel shall have 28 days after the date of the

court's notice to file a supplemental opening brief addressing those issues. In addition to

addressing the issue or issues identified by the court, counsel may address any other arguably

meritorious issue counsel has identified. Respondent shall have 28 days after appellant files a

supplemental opening brief to file a response or supplemental answering brief addressing the

issues raised in the supplemental opening brief.

(4) In a case other than a criminal case on direct appeal, court-appointed counsel who

determines that there are no meritorious issues on appeal may submit a brief under this rule, in

which case the matter will be submitted without oral argument, unless otherwise ordered by the

court.