Attorney Fees

In most—but not all—instances, the parties bear the burden of their own attorney fees. In many cases, appellate attorney fees can be substantial. Be sure to get an estimate of the total fees of your case before deciding whether to appeal.

Filing Fees

Appellants must pay a filing fee of $212 to the Court. Respondents pay a $180 appearance fee. Some appellate motions involve additional fees. These fees are recoverable by the prevailing party on appeal.

Cost Bond

The appellant must file a cost bond within 14 days after filing the Notice of Appeal.

Supersedeas Undertaking

Clients often don't realize that their filing an appeal does not stay execution of the trial court judgment. To stay the judgment, the appellant must file a supersedeas undertaking in the amount of the judgment, plus interest. ORS 19.335 Such an undertaking can be very expensive. For more information, read our article on bonds and undertakings.

Transcript Fees

The party designating the transcript pays for it, at a rate of up to $2.50 per page for the first copy, and $0.25 for additional copies. ORS 21.470. At that rate and depending on the length of the proceeding to be transcribed, transcript fees can be expensive.

Preparation of Briefs

Parties will file briefs and excerpts of record that must be copied and mailed. In the Court of Appeals, parties must file originals and 20 copies. Appeals can involve significant copying and postage expenses.

Bond Premiums

The prevailing party is entitled to recover the reasonable cost of any bond or letter of credit in connection with the appeal. This can be expensive and is a risk that the client should be informed of, or the on appeal risks a malpractice claim. For more information, read our article on malpractice traps.

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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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