138.081
Service and filing of notice of appeal. (1) An appeal shall be taken by causing a notice of
appeal in the form prescribed by ORS 19.250 to be served:
(a)(A) When the
defendant appeals:
(i) On the
district attorney for the county in which the judgment is entered, if the
appeal is from a conviction for a misdemeanor or felony under state law;
(ii) On county
counsel for the county in which the judgment is entered, if the appeal is from
a conviction for a violation of a county ordinance constituting a misdemeanor;
or
(iii) On the city
attorney or other prosecutor, if the appeal is from a conviction for a
misdemeanor defined by a city charter or ordinance; or
(B) When the
state appeals, on the attorney of record for the defendant or, if the defendant
has no attorney of record, on the defendant;
(b) On the trial
court transcript coordinator, if applicable and if a transcript is required in
connection with the appeal; and
(c) On the trial
court administrator.
(2)(a) If the
state cannot effect service on the defendant as provided in subsection
(1)(a)(B) of this section, the trial court may order alternative service in
accordance with ORCP 7 D(6) on proof of the state’s due diligence in attempting
to effect service.
(b) Alternative
service is not perfected until the time established by the court for response
expires and the state files with the appellate court the affidavit or
declaration of alternative service.
(3) The notice of
appeal signed by the appellant, along with proof of service of the notice, must
be filed with the administrator of the court to which the appeal is taken.
Proof of service of the notice of appeal may either be part of, or accompany,
the original notice when filed. [1971 c.565 §23 (enacted in lieu of 138.080);
1985 c.734 §18; 1997 c.389 §9; 2001 c.870 §8; 2017 c.529 §8; 2025 c.268 §34]
138.083 [1989 c.790 §20; 1995 c.109 §1;
1997 c.389 §2; 2003 c.576 §165; 2007 c.547 §3; 2013 c.153 §1; repealed by 2017
c.529 §26]
Notes of Decisions
Cited in
8
cases, 1984–2011 · leading case:
State v. Pelham, 901 P.2d 972 (Or. Ct. App. 1995).
State v. Pelham, 901 P.2d 972 (Or. Ct. App. 1995).
· cites it 4× “For example, ORS 138.081(1) provides that a criminal defendant’s appeal “shall be taken by causing a notice of appeal in the form prescribed by ORS 19.”
Felkel v. Thompson, 970 P.2d 657 (Or. Ct. App. 1998).
· cites it 3× “Various provisions prescribe the form, service, and filing of the notice of appeal (ORS 138.081; ORS 138.110; ORS 138.120), the signatures required on the notice of appeal (ORS 138.”
Schelin v. Maass, 936 P.2d 988 (Or. Ct. App. 1997).
· cites it 3× “, ORS 138.081. 3 Petitioner has not identified, and we have not found, any statute that so qualifies ORS 20.”
State v. Fowler, 252 P.3d 302 (Or. 2011).
“, ORS 138.081(1) (setting forth service and filing requirements); ORS 19.”
State v. Robinson, 974 P.2d 713 (Or. Ct. App. 1999).
“ORS 138.081. One of the requirements is that the notice specify the judgment or order from which the appeal is taken.”
State v. Green, 675 P.2d 1113 (Or. Ct. App. 1984).
“ORS 138.081 (l)(c) provides for service of the notice of appeal on the trial court clerk.”
City of Pendleton v. Elk, 905 P.2d 237 (Or. Ct. App. 1995).
· cites it 4× “ORS 138.081(1)(a)(A) provides that an appeal in a case governed by that chapter “shall be taken by causing a notice of appeal in the form prescribed by ORS 19.”
State ex rel. Juv. Dep't v. Hardy, 763 P.2d 406 (Or. Ct. App. 1988).
“561(3) does not require that a notice also be filed with the State Court Administrator’s office, as ORS 138.081(2) requires for criminal matters and as ORS 19.”
— Or. Rev. Stat. § 138.081(1) — 4 cases
State v. Pelham, 901 P.2d 972 (Or. Ct. App. 1995).
“For example, ORS 138.081(1) provides that a criminal defendant’s appeal “shall be taken by causing a notice of appeal in the form prescribed by ORS 19.”
State v. Fowler, 252 P.3d 302 (Or. 2011).
“, ORS 138.081(1) (setting forth service and filing requirements); ORS 19.”
Felkel v. Thompson, 970 P.2d 657 (Or. Ct. App. 1998).
“Various provisions prescribe the form, service, and filing of the notice of appeal (ORS 138.081; ORS 138.110; ORS 138.120), the signatures required on the notice of appeal (ORS 138.”
Schelin v. Maass, 936 P.2d 988 (Or. Ct. App. 1997).
“, ORS 138.081. 3 Petitioner has not identified, and we have not found, any statute that so qualifies ORS 20.”
— Or. Rev. Stat. § 138.081(1)(a)(A) — 1 case
City of Pendleton v. Elk, 905 P.2d 237 (Or. Ct. App. 1995).
“ORS 138.081(1)(a)(A) provides that an appeal in a case governed by that chapter “shall be taken by causing a notice of appeal in the form prescribed by ORS 19.”
— Or. Rev. Stat. § 138.081(2) — 1 case
State ex rel. Juv. Dep't v. Hardy, 763 P.2d 406 (Or. Ct. App. 1988).
“561(3) does not require that a notice also be filed with the State Court Administrator’s office, as ORS 138.081(2) requires for criminal matters and as ORS 19.”
— Or. Rev. Stat. § 138.081(l)(a)(A) — 1 case
City of Pendleton v. Elk, 905 P.2d 237 (Or. Ct. App. 1995).
“ORS 138.081(1)(a)(A) provides that an appeal in a case governed by that chapter “shall be taken by causing a notice of appeal in the form prescribed by ORS 19.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.