2017 ORS 138.081¹
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 (Contents of notice of appeal) to be served:

(a)(A) When the defendant appeals, on the district attorney for the county in which the judgment is entered or, if the appeal is under ORS 221.360 (Appeal on issue of constitutionality of charter provision or ordinance), on the plaintiff’s attorney; 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 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]

Notes of Decisions

Specific listing of parties to be notified in crim­i­nal ap­peal controls over general require­ment to notify per­sons whose rights may be affected by decision on ap­peal. State v. Pelham, 136 Or App 336, 901 P2d 972 (1995), Sup Ct review denied

Appeal notice pro­ce­dure applicable to crim­i­nal ac­tions does not apply to traffic infrac­tion ap­peals. City of Pendleton v. Elk, 137 Or App 513, 905 P2d 237 (1995)

Law Review Cita­tions

51 OLR 652, 653, 655 (1972)

1 Legislative Counsel Committee, CHAPTER 138—Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano138.­html (2017) (last ac­cessed Mar. 30, 2018).
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.