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OR · rules

ORAP 6.25

RECONSIDERATION BY COURT OF APPEALS

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

(1) As used in this rule, "decision" means an opinion, per curiam opinion,

nonprecedential memorandum opinion, affirmance without opinion, and an order ruling on a

motion or an own motion matter that disposes of the appeal. A party seeking reconsideration of

a decision of the Court of Appeals shall file a petition for reconsideration. A petition for

reconsideration shall be based on one or more of these contentions:

(a) A claim of factual error in the decision;

(b) A claim of error in the procedural disposition of the appeal requiring

correction or clarification to make the disposition consistent with the holding or rationale

of the decision or the posture of the case below;

(c) A claim of error in the designation of the prevailing party or award of

costs;

(d) A claim that there has been a change in the statutes or case law since the

decision of the Court of Appeals; or

(e) A claim that the Court of Appeals erred in construing or applying the law.

Claims addressing legal issues already argued in the parties' briefs and addressed by the

Court of Appeals are disfavored.

(2) A petition for reconsideration shall be filed within 14 days after the decision. The

petition shall have attached to it a copy of the decision for which reconsideration is sought. The

form of the petition and the manner in which it is served and filed shall be the same as for

motions generally, except that the petition shall have a title page printed on plain white paper and

containing the following information:

(a) The full case caption, including appropriate party designations for the

parties as they appeared in the court from which the appeal was taken and as they appear

on appeal, and the trial and appellate court case numbers; and

(b) A title designating the party filing the petition, such as "Appellant's

Petition for Reconsideration" or "Respondent's Petition for Reconsideration."

(3) The filing of a petition for reconsideration is not necessary to exhaust remedies or

as a prerequisite to filing a petition for review.

(4) If a response to a petition for reconsideration is filed, the response shall be filed

within seven days after the petition for reconsideration was filed. The court will proceed to

consider a petition for reconsideration without awaiting the filing of a response, but will consider

a response if one is filed before the petition for reconsideration is considered and decided.[fn 1]

(5) A request for reconsideration of any other order of the Court of Appeals ruling on

a motion or an own motion matter shall be entitled "motion for reconsideration." A motion for

reconsideration is subject to ORAP 7.05 regarding motions in general.

Provenance

Source
courts.oregon.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
30b346b6ddd6ba8a5e6a8570cef59b1f4b02ed0dac2f8b753043cb5113c2c9d0
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