2015 ORS 19.260¹
Filing by mail or delivery

(1)(a) Filing a notice of appeal in the Court of Appeals or the Supreme Court may be accomplished by mail or delivery. Regardless of the date of actual receipt by the court to which the appeal is taken, the date of filing the notice is the date of mailing or dispatch for delivery, if the notice is:

(A) Mailed by registered or certified mail and the party filing the notice has proof from the United States Postal Service of the mailing date; or

(B) Mailed or dispatched via the United States Postal Service or a commercial delivery service by a class of delivery calculated to achieve delivery within three calendar days, and the party filing the notice has proof from the United States Postal Service or the commercial delivery service of the mailing or dispatch date.

(b) Proof of the date of mailing or dispatch under this subsection must be certified by the party filing the notice and filed thereafter with the court to which the appeal is taken. Any record of mailing or dispatch from the United States Postal Service or the commercial delivery service showing the date that the party initiated mailing or dispatch is sufficient proof of the date of mailing or dispatch. If the notice is received by the court on or before the date by which the notice is required to be filed, the party filing the notice is not required to file proof of mailing or dispatch.

(2)(a) Service of notice of appeal on a party, transcript coordinator or the trial court administrator, or service of a petition for judicial review on a party or administrative agency may be accomplished by:

(A) First class, registered or certified mail; or

(B) Mail or dispatch for delivery via the United States Postal Service or a commercial delivery service by a class of delivery calculated to achieve delivery within three calendar days.

(b) The date of serving the notice under this subsection is the date of mailing or dispatch. The party filing the notice must certify the date and method of service.

(3) Notwithstanding subsections (1) and (2) of this section, if the party filing a notice of appeal is involuntarily confined in a state or local governmental facility, the date of filing of a notice of appeal in the Court of Appeals or the Supreme Court, and the date of service under subsection (2) of this section, is the date on which the party delivers the original notice of appeal, and the appropriate number of copies of the notice for service under subsection (2) of this section, to the person or place designated by the facility for handling outgoing mail.

(4) Except as otherwise provided by law, the provisions of this section are applicable to petitions for judicial review, cross petitions for judicial review and petitions under the original jurisdiction of the Supreme Court or Court of Appeals. [Formerly 19.028; 1999 c.367 §6; 2011 c.310 §1; 2015 c.80 §1]

(formerly 19.028)

Notes of Decisions

Proof of registered or certified mail date is by verifica­tion obtained from post office at time of mailing. Modoc Lumber Co. v. EBI Companies, 295 Or 598, 668 P2d 1225 (1983)

This sec­tion applies to filing of notice of ap­peal on Workers' Compensa­tion Board under ORS 656.298 (Judicial review of board orders). Southwest Forest Industries v. Anders, 299 Or 205, 701 P2d 432 (1985)

Service and filing of notice of ap­peal are separate events and both must be accomplished within ap­peal period and this sec­tion merely provides that docu­ment, if mailed in certain way, is deemed filed or served on date mailed. Hein v. Columbia County, 96 Or App 576, 773 P2d 791 (1989), Sup Ct review denied

Notice of ap­peal was not properly served on adverse party where notice was inadvertently addressed in attorney's name but to trial court administrator's post-office box. Harris and Harris, 104 Or App 209, 799 P2d 699 (1990), Sup Ct review denied

Peti­tion for judicial review received after dead­line was not properly filed without contemporaneous proof of mailing. Walther v. SAIF, 312 Or 147, 817 P2d 292 (1991)

Time­liness of filing peti­tion for review of disciplinary order is controlled by state, not federal, law and depends on date of mailing if sent by registered or certified mail or depends on date court receives peti­tion if otherwise filed. Norby v. Santiam Correc­tional Institu­tion, 116 Or App 239, 841 P2d 1 (1992)

Proof of nonreceipt of service copy of notice of ap­peal may be probative of whether notice was mailed. Mullens v. L.Q. Develop­ment, 312 Or 599, 825 P2d 1376 (1992)

For ap­peal notice mailing date to be effective as date of service on party or attorney, notice must be timely mailed to last known address as provided in ORCP 9B. McCall v. Kulongoski, 339 Or 186, 118 P3d 256 (2005)

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 19, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano019.­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.