A judicial appeal is a review in a higher court of a civil, criminal or administrative decision. In Oregon, the rules and procedures of appellate practice are governed by Oregon Revised Statutes Chapter 19 and the Rules of Appellate Procedure (ORAP). It is important, too, to know the caselaw interpreting those sources.

What Can Be Appealed?

General judgments, limited judgments and supplemental judgments may be appealed as provided in ORS Chapter 19. So can orders that affect substantial rights or so affect an action as to prevent the issuance of a judgment. ORS 19.205.

How to File an Appeal

An appellant initiates an appeal in the Oregon Court of Appeals by filing a Notice of Appeal. ORS 19.240 An appellant must take care to properly serve all the appropriate parties to the appeal. Ineffective service of a Notice of Appeal is a significant source of malpractice. For further information on filing a Notice of Appeal, refer to ORS Chapter 19, ORAP 2 (and Appendix 2) or contact Giers Olsson PC.

Should you Appeal?

Many clients who lose a case at trial wish to fight on. However, appeals are slow and costly; one should use caution when advising a client to appeal. Statistically, the odds are against reversal. Generally, it makes sense to have an expert review the merits of an appeal before proceeding.

Costs of an Appeal

Appeals are expensive. Appellate attorney fees of $15,000 to $20,000 are common. Filing fees, bonds and undertakings add to the expense. Clients should gain a clear understanding of the potential expenses before embarking on an appeal.

The Appellate Process

A typical Oregon appeal will follow these steps: After the trial court enters judgment, appellant files a Notice of Appeal, typically within a 30-day deadline. Appellant will file additional Notices of Appeal from related/supplemental judgments, af necessary. Within 14 days of the filing of the Notice of Appeal, appellant files an undertaking for costs. Appellant also files a Supersedeas Undertaking, if necessary. Notice from the trial court's Transcript Coordinator triggers a transcript due date. Once the transcript is available, appellant reviews it for corrections and moves to correct, if necessary. Appellant's opening brief is typically due 49 days from the date that the transcript is settled; extensions often extend that date. After appellant files a brief, respondent's brief is prepared and filed. Appellant may then file a reply brief. Then the Court schedules oral argument. After argument, the parties wait—usually for a long time—for the Court to issue a decision. Afterwards, a party may choose to file a Motion for Reconsideration or a Petition for Review by the Supreme Court.

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Find out more from Giers Olsson PC

Appellate work is very specialized. The attorneys at Giers Olsson PC have been involved in many appeals over the course of nearly 20 years. If you are dealing with uncertainties regarding an appeal, give us a call. We offer a free initial telephone consultation for clients and trial attorneys seeking assistance with an appeal. Let us help you develop the best possibility of success on appeal.

Disclaimer

The articles available from Giers Olsson PC are intended to raise important issues for those involved in judicial appeals and to help steer clients and attorneys to those resources that will answer their questions. Our articles are not legal advice and should not be construed as such. If you are engaged in a judicial appeal, you should contact Giers Olsson PC or another competent lawyer to answer all questions raised by your appeal.

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