OR · rules
ORAP 6.25
RECONSIDERATION BY COURT OF APPEALS
(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nonprecedential memorandum opinion, affirmance without opinion, and an order ruling on a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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