2015 ORS 138.071¹
Time within which appeal must be taken

(1) Except as provided in this section, a notice of appeal must be served and filed not later than 30 days after the judgment or order appealed from was entered in the register.

(2) If a motion for new trial or motion in arrest of judgment is served and filed, a notice of appeal must be served and filed within 30 days from the earlier of the following dates:

(a) The date of entry of the order disposing of the motion; or

(b) The date on which the motion is deemed denied.

(3) A defendant cross-appealing must serve and file the notice of cross-appeal within 10 days of the expiration of the time allowed in subsection (1) of this section.

(4) If the trial court enters a corrected or supplemental judgment under ORS 138.083 (Corrected and supplemental judgments) or under any other statutory provision while an appeal of the judgment of conviction is pending and:

(a) A party intends to assign error to any part of the corrected or supplemental judgment, the party must file an amended notice of appeal from the corrected or supplemental judgment not later than 30 days after the party receives notice that the corrected or supplemental judgment has been entered.

(b) A party does not intend to assign error to any part of the corrected or supplemental judgment, the party need only file a notice of intent to proceed with the appeal not later than 30 days after the party receives notice that the corrected or supplemental judgment has been entered.

(5)(a) Upon motion of a defendant, the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits described in subsections (1) to (4) of this section if:

(A) The defendant, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the defendant personally; and

(B) The defendant shows a colorable claim of error in the proceeding from which the appeal is taken.

(b) A defendant is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 138.060 (Appeal by state) (1)(c) or (2)(a).

(c) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section must be filed no later than 90 days after entry of the order or judgment being appealed. The request for leave to file a notice of appeal after the time limit prescribed in subsection (4) of this section must be filed no later than 90 days after the party receives notice that the judgment has been entered. A request for leave under this subsection must be accompanied by the notice of appeal, may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260 (Filing by mail or delivery).

(d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the defendant’s request for relief.

(e) The denial of a motion under paragraph (a) of this subsection is a bar to post-conviction relief under ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title) on the same ground, unless the court provides otherwise.

(6) As used in this section, "party" means the attorney of record in the appellate court for the party or, if the party is not represented by an attorney, the party personally. [1971 c.565 §21 (enacted in lieu of 138.070); 1977 c.752 §3; 1985 c.282 §1; 1985 c.734 §§17,17a; 1987 c.852 §1; 2001 c.870 §7; 2003 c.288 §2; 2007 c.547 §2; 2009 c.11 §10; 2013 c.153 §2]

Notes of Decisions

Thirty-day filing require­ment of this sec­tion was applicable where state, lacking statutory right to ap­peal, brought mandamus ac­tion challenging judge's granting of new trial. State ex rel Redden v. Van Hoomissen, 281 Or 647, 576 P2d 355 (1978)

Judg­ments and orders in crim­i­nal cases become effective for purposes of commencing ap­peals period when entered in journal by county clerk. State v. Panichello, 71 Or App 519, 692 P2d 720 (1984)

Delayed ap­peal from juvenile court disposi­tion order placing juvenile under jurisdic­tion of juvenile court is not available because such order is not "judg­ment of con­vic­­tion." State ex rel Juv. Dept. v. Hardy, 93 Or App 584, 763 P2d 406 (1988), Sup Ct review denied

Where court granted mo­tion for new trial after date mo­tion was conclusively deemed denied under ORS 136.535 (New trial), dead­line for state to file ap­peal from new trial order was measured from date mo­tion was deemed denied. State v. Lesley, 173 Or App 232, 21 P3d 190 (2001)

Where defendant is represented concurrently by trial and appellate counsel, that trial counsel rather than appellate counsel received actual notice of trial court's entry of supple­mental judg­ment is sufficient to begin 30-day period of time during which defendant must file notice of ap­peal. State v. Mullins, 352 Or 343, 284 P3d 1139 (2012)

Completed Cita­tions

Portland v. Olson, 4 Or App 380, 481 P2d 641 (1971), Sup Ct review denied

Law Review Cita­tions

51 OLR 652, 653, 655 (1972)


1 Legislative Counsel Committee, CHAPTER 138—Appeals; Post-Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano138.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.