ORAP 5.95

(1) Except as provided in subsection (6) of this rule, if a brief contains material that

is, by statute or court order, confidential or exempt from disclosure,[fn 1] the party submitting the

brief shall file two original briefs:

(a) One brief shall contain the material that is confidential or exempt from

disclosure. The title page of the brief shall contain in or under the case caption the words

"CONFIDENTIAL BRIEF UNDER ______" followed by the statutory citation or a

description of the court order under which confidentiality is claimed.* The original of

the brief shall be placed in a sealed envelope marked "CONFIDENTIAL BRIEF."

(b) One brief shall have the material that is confidential or exempt from

disclosure removed or marked out. The title page of the brief shall contain in or under the

case caption the words "REDACTED BRIEF UNDER ______" followed by the statutory

citation or a description of the court order under which confidentiality is claimed.*

(2) A party filing a brief under this rule shall serve a copy of the confidential brief

and a copy of the redacted brief on each other party to the case on appeal or review.

(3) The Administrator shall keep both original briefs in the appellate file for the case.

The Administrator shall make the redacted version of the brief available for public inspection

and copying.

(4) (a) On motion of a person, the court shall make available for public inspection

and copying a confidential brief based on a showing that the brief does not contain matter

that is confidential or exempt from disclosure.

(b) On motion of a person and under such conditions as the court may deem

appropriate, the court may authorize inspection or copying of a confidential brief based

on a showing that the person is entitled as a matter of law to inspect or copy the material

that is confidential or exempt from disclosure.

(5) When the appellate judgment issues terminating a case, the Administrator shall

distribute to brief storage facilities only the redacted copies of a brief filed under paragraph

(1)(b) of this rule.

(6) Briefs in the following categories of cases are entirely confidential, and so are

exempt from the requirements of subsections (1) to (5) of this rule: adoption, juvenile

dependency (including termination of parental rights), juvenile delinquency, civil commitment of

allegedly mentally ill persons and persons with an intellectual or developmental disability (as

those terms are defined in ORS 427.005), and appeals from orders of the Psychiatric Security

Review Board and State Hospital Review Panel. Parties filing in the Court of Appeals briefs in

those categories of cases must comply with ORAP 5.05(5) regarding the original and number of

copies to be served on other parties to the case.