ORAP 9.05

(1) Reviewable Decisions

As used in this rule, "decision" means a decision of the Court of Appeals in the form of

an opinion, per curiam opinion, nonprecedential memorandum opinion, or affirmance without

opinion, or an order ruling on a motion, own motion matter, petition for attorney fees, or

statement of costs and disbursements, including an order of the Chief Judge or Motions

Department on reconsideration of a ruling of the appellate commissioner under ORAP 7.55(4)(c)

or an order of the appellate commissioner if it is designated a "summary determination," as

specified in ORAP 7.55(4)(d). Except as provided in ORAP 7.55(4)(d), a decision of the

appellate commissioner may be challenged only by a petition or motion for reconsideration in the

Court of Appeals as provided by ORAP 6.25.

(2) Time for Filing and for Submitting Petition for Review

(a) Except as provided in ORS 19.235(3) and ORAP 2.35(4), any party

seeking to obtain review of a decision of the Court of Appeals shall file a petition for

review in the Supreme Court within 35 days after the date of the decision of the Court of

Appeals.[fn 1]

(b) A party seeking additional time to file a petition for review shall file a

motion for extension of time in the Supreme Court, which that court may grant.

(c) (i) If a timely petition for reconsideration of a decision of the Court of

Appeals is filed under ORAP 6.25(2) by any party, the time for filing a petition

for review concerning that decision for all parties shall not begin to run until the

Court of Appeals issues its written disposition of the petition for reconsideration.

If a party obtains an extension of time to file a petition for reconsideration and

does not file a petition for reconsideration within the time allowed, the time for

filing a petition for review shall begin to run on expiration of the extension of

time.

(ii) If a petition for review is filed during the time in which a petition

for reconsideration in the Court of Appeals may be filed, the petition for review

will not be submitted to the Supreme Court until the time for filing a petition for

reconsideration expires.

(iii) If a petition for review is filed after the filing of a timely petition

for reconsideration, the petition for review will not be submitted to the Supreme

Court until the Court of Appeals issues its written disposition of the petition for

reconsideration.

(d) (i) If a party files a petition for review after the appellate judgment

has issued, the party must file with the petition a motion to recall the appellate

judgment. The petition and the motion must be filed within a reasonable time

after the appellate judgment has issued. The motion to recall the appellate

judgment must explain why the petition for review was not timely filed. The

party need not file a separate motion for relief from default.

(ii) A party filing a motion to recall the appellate judgment in a

criminal case, in addition to serving all other parties to the appeal, shall serve a

copy of the motion on the district attorney.

(3) Form and Service of Petition for Review

(a) The petition shall be in the form of a brief prepared in conformity with

ORAP 5.05 and ORAP 5.35. For purposes of ORAP 5.05, the petition must not exceed

5,000 words or (if the certification under ORAP 5.05(2)(d) certifies that the preparer does

not have access to a word-processing system that provides a word count) 15 pages. The

cover of the petition shall:

(i) Identify which party is the petitioner on review, including the

name of the specific party or parties on whose behalf the petition is filed, if there

are multiple parties on the same side in the case.

(ii) Identify which party is the respondent on review.

(iii) Identify the date of the decision of the Court of Appeals.

(iv) Identify the means of disposition of the case by the Court of

Appeals, including the following information:

(A) Whether the challenged decision was an opinion,

nonprecedential memorandum opinion, per curiam opinion, affirmance

without opinion, or order;

(B) The members of the court who entered the decision;

(C) The author of any opinion, and any judges separately

concurring or dissenting;[fn 2] and

(D) If a reported decision of any type, the full citation,

including any Pacific Reporter citation.

(v) Contain a notice whether, if review is allowed, the petitioner on

review intends to file a brief on the merits or to rely on the petition for review and

brief or briefs filed in the Court of Appeals.[fn 3]

(vi) For a case expedited under ORAP 10.15, prominently display the

words "JUVENILE DEPENDENCY CASE EXPEDITED UNDER ORAP

10.15," "TERMINATION OF PARENTAL RIGHTS CASE EXPEDITED

UNDER ORAP 10.15," or "ADOPTION CASE EXPEDITED UNDER ORAP

10.15," as appropriate.

(vii) Comply with the requirements in ORAP 5.95 governing briefs

containing confidential material.

(b) Any party filing a petition for review shall serve a copy of the petition on

every other party to the appeal or judicial review, and file with the Supreme Court an

original petition with proof of service.

(4) Contents of Petition for Review

The petition shall contain in order:

(a) A short statement of the historical and procedural facts relevant to the

review, but facts correctly stated in the decision of the Court of Appeals should not be

restated.

(b) Concise statements of the legal question or questions presented on review

and of the rule of law that the petitioner on review proposes be established, if review is

allowed.

(c) A statement of specific reasons why the legal question or questions

presented on review have importance beyond the particular case and require decision by

the Supreme Court.[fn 4]

(d) If desired, and space permitting, a brief argument concerning the legal

question or questions presented on review.

(e) A copy of the decision of the Court of Appeals, including the court's

opinion and any concurring and dissenting opinions.