ORAP 9.30

(1) The Supreme Court has authority to decide matters, including motions, if the case

is pending in that court. For purposes of this rule, a case is pending in the Supreme Court in the

following circumstances:

(a) If a petition for review is filed, until the Supreme Court finally disposes of

the review proceeding;

(b) If a motion for an extension of time to file a petition for review is filed,

until the Supreme Court denies the motion or, if the Supreme Court allows the motion,

until the time for filing the petition for review expires;

(c) If a motion to hold a case in abeyance pending disposition of another case

in the Supreme Court is filed, until the Supreme Court denies the motion or, if the

Supreme Court grants the motion, until the abeyance period expires.

(2) The Court of Appeals has authority to decide matters, including motions, in an

appeal that was filed in that court in the following circumstances:

(a) If the case is not pending in the Supreme Court, until the appellate

judgment issues.[fn 1]

(b) If the case is pending in the Supreme Court, until the later of these two

events occurs: (1) the time for filing a petition for reconsideration pursuant to ORAP

6.25 expires or (2) if a timely petition for reconsideration is filed, the date the Court of

Appeals disposes of the petition for reconsideration.

(c) In connection with claims for attorney fees, costs and disbursements, and

damages[fn 2] in connection with the proceedings in the Court of Appeals, until the appellate

judgment issues, notwithstanding that the case is pending in the Supreme Court.

(d) If a case is pending in the Supreme Court as to any action of the Court of

Appeals that does not dispose of an appeal, until the appellate judgment issues. In these

circumstances, the Court of Appeals, in its discretion, may proceed with the case or await

disposition by the Supreme Court.

(3) Motions should not be filed simultaneously in both the Supreme Court and Court

of Appeals. If either the Supreme Court or Court of Appeals receives a motion that it determines

should have been filed in the other court, it shall transfer the motion to the other court. In the

event a dispute arises concerning which court should rule on a motion, the Chief Justice of the

Supreme Court and the Chief Judge of the Court of Appeals may confer and decide which court

will rule on the motion.