2017 ORS 19.250¹
Contents of notice of appeal

(1) The notice of appeal must contain the following:

(a) The title of the cause. The party appealing a judgment must be designated the appellant and the adverse party the respondent, but the title of the action or proceeding is not otherwise changed by reason of the appeal.

(b) The names of the parties and their attorneys.

(c)(A) If an appellant is not represented by an attorney, a postal address for the appellant and either an electronic mail address for the appellant or a statement that the appellant does not have an electronic mail address.

(B) If the appellant is represented by an attorney, a postal address and electronic mail address for the attorney.

(d) A notice to each party that appeared in the action or proceeding, or to the attorney for the party, that an appeal is taken from the judgment or some specified part of the judgment and designating the adverse parties to the appeal. The notice of appeal must contain the postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.

(e) A designation of those portions of the proceedings and exhibits to be included in the record in addition to the trial court file. The appellant may amend the designation of record at any time after filing the notice of appeal until 35 days after the filing of a certificate of preparation for the transcript under ORS 19.370 (Certification and service of transcript) (3). The amendment must be made by filing and serving in the same manner as a notice of appeal a notice of amended designation of record. The amended designation must clearly indicate those portions of the proceedings and exhibits being added to or deleted from the original designation of record. The designation may not be later amended by the appellant unless the appellate court so orders.

(f) A plain and concise statement of the points on which the appellant intends to rely. On appeal, the appellant may rely on no other points than those set forth in such statement. If the appellant has designated for inclusion in the record all the testimony and all the instructions given and requested, no statement of points is necessary. Not later than the 15th day following the filing of the certificate of preparation for the transcript under ORS 19.370 (Certification and service of transcript) (3), the appellant may serve and file an amended statement of points. Except by approval of the court, the appellant may then rely on no other points than those set forth in such amended statement.

(g) The signature of the appellant or attorney for the appellant.

(2) Within 14 days after the filing of the notice of appeal or amended designation of record, any other party may serve and file a designation of additional parts of the proceedings and exhibits to be included in the record. Such designation must be served and filed as provided for the serving and filing of a notice of appeal under ORS 19.240 (How appeal to Court of Appeals taken) and 19.260 (Filing by mail or delivery). If such party also appeals, the designation must be included in the notice of appeal of the party and may not be served and filed separately. [Formerly 19.029; 1999 c.367 §3; 2013 c.685 §4]

(formerly 19.029)

Notes of Decisions

Where case was tried on single point, and respondent did not allege prejudice, failure to file state­ment of points relied upon with ap­peal did not require dismissal of ap­peal. Gowans v. Northwestern Pac. Indem. Co., 260 Or 618, 489 P2d 947, 491 P2d 1178 (1971)

Where cause of ac­tion was equitable in nature, designated record must consist of entire record of pro­ceed­ing. Moore v. Brown, Burke, 19 Or App 199, 527 P2d 132 (1974)

Where notice of ap­peal is timely served and filed, appellate court has jurisdic­tion and may exercise discre­tion whether failure to comply with statutory form for notice of ap­peal warrants dismissal. Pohrman v. Klamath County Commissioners, 272 Or 390, 538 P2d 70 (1975)

Where new counsel is appointed for ap­peal, trial counsel has obliga­tion to assist in preparing designa­tion of record and state­ment of points where re­quired by this sec­tion. State ex rel Acocella v. Allen, 288 Or 175, 604 P2d 391 (1979)

Under this sec­tion, together with [former] ORS 19.078 and ORS 138.185, imposing duty on court reporter to produce transcript within 30 days, reporter lacked authority to determine for herself that free-lance deposi­tions had priority over timely filing of transcripts. In the Matter of Virginia Hanks, 44 Or App 521, 606 P2d 1151 (1980), aff’d 290 Or 451, 623 P2d 623 (1981)

Notice of ap­peal which recited wrong date for entry of judg­ment and attached copy of order denying new trial rather than copy of judg­ment did not deprive Court of Appeals of jurisdic­tion over ap­peal since notice was given that it was “judg­ment” from which ap­peal was to be taken. Wer­line v. Webber, 54 Or App 415, 635 P2d 15 (1981), Sup Ct review denied

Where language in notice of ap­peal and brief was singular, but attorney identifica­tion implied both appellants, ap­peal did not omit necessary party. Street v. Gibson, 60 Or App 768, 655 P2d 604 (1982), aff’d on other grounds, 295 Or 112, 663 P2d 769 (1983)

Court of Appeals had jurisdic­tion to hear ap­peal where notice of ap­peal de­scribed non-ap­pealable order, but also referred to a judg­ment and copy of judg­ment was attached. Ensley v. Fitzwa­ter, 293 Or 158, 645 P2d 1062 (1982)

Notice of ap­peal was sufficient to perfect ap­peal against plaintiffs as representatives of class as well as individuals, as class members are not “parties” within meaning of this sec­tion and, accordingly, did not have to be named in or served with notice of ap­peal. Guinasso v. Pacific First Federal, 89 Or App 270, 749 P2d 577 (1988), Sup Ct review denied, on reconsidera­tion95 Or App 233, 769 P2d 212 (1989)

Notice of ap­peal is not jurisdic­tionally defective because it attaches wrong docu­ment or incorrectly identifies date of judg­ment as long as there is final judg­ment. Smith and Koors, 149 Or App 198, 942 P2d 807 (1997); Crainic v. Multnomah County Adult Care Home Program, 190 Or App 134, 78 P3d 979 (2003)

Law Review Cita­tions

51 OLR 652, 655, 656 (1972); 73 OLR 785 (1994)

Chapter 19

Notes of Decisions

This chapter does not apply to workers’ compensa­tion pro­ceed­ings since it governs appellate review of lower court decisions and not decisions of administrative tribunals. SAIF v. Maddox, 60 Or App 507, 655 P2d 214 (1982), aff’d 295 Or 448, 667 P2d 529 (1983)

1 Legislative Counsel Committee, CHAPTER 19—Appeals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors019.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 19, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano019.­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.