ORAP 8.05

(1) Oregon Rule of Civil Procedure (ORCP) 34, relating to substitution of parties in

civil cases, is adopted.

(2) (a) Any party who learns of the death of a defendant in a criminal case that is

pending on appeal shall notify the court and all other parties of the death within 28 days

after learning of the death. Any party may move to dismiss the appeal.

(b) If the appeal is from a judgment of conviction and sentence, the party

filing the notice also may, concurrently with filing the notice of the defendant's death, file

a memorandum addressing whether the court should dismiss the appeal or vacate the

judgment, or both. Within 28 days after the filing of the notice of the defendant's death,

any other party or interested person may file a memorandum addressing the same issues.

(c) The following are presumptive dispositions under this subsection:

(i) For a state's appeal, the court will dismiss the appeal.

(ii) For a defendant's appeal, if the defendant has made an assignment

of error that, if successful, would result in reversal of the conviction, the court

will vacate the judgment and dismiss the appeal.

(iii) For a defendant's appeal, if the defendant has assigned error only

to a part of the sentence other than a monetary provision, the court will dismiss

the appeal but will not vacate the judgment. If the defendant has assigned error to

a monetary provision of the sentence, the court will dismiss the appeal and vacate

the challenged monetary provision, but will not vacate the remainder of the

judgment.

(iv) Notwithstanding subparagraphs (ii) and (iii) of this paragraph, if

the defendant dies after issuance of a Court of Appeals decision affirming the

judgment and after all right to petition for review has expired, the court will

dismiss the appeal but will not vacate the judgment.

(3) If a defendant in a criminal case, a petitioner in a post-conviction relief

proceeding, a plaintiff in a habeas corpus proceeding, a petitioner in a parole review proceeding,

or a petitioner in a prison disciplinary case, on appeal of an adverse decision, escapes or

absconds from custody or supervision, the respondent on appeal may move for dismissal of the

appeal. If the court determines that the appellant is on escape or abscond status at the time the

court decides the motion, the court may dismiss the appeal or judicial review. If the court has

not been advised otherwise, the court may infer that the appellant remains on escape or abscond

status when the court considers and decides the motion.