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) On the district attorney for the county in which the judgment is entered, when the defendant appeals, or if the appeal is under ORS 221.360 (Appeal on issue of validity of charter or ordinance) on the plaintiff’s attorney; or

(B) On the attorney of record for the defendant, or if the defendant has no attorney of record, on the defendant, when the state appeals; and

(b) On the trial court transcript coordinator if a transcript is required in connection with the appeal; and

(c) On the clerk of the trial court.

(2)(a) The original of the notice shall be filed with the clerk of the court to which the appeal is made.

(b) Proof of service of the notice of appeal shall be indorsed on or affixed to the original filed with the Court of Appeals or the Supreme Court. [1971 c.565 §23 (enacted in lieu of 138.080); 1985 c.734 §18; 1997 c.389 §9; 2001 c.870 §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—Appeals; Post-Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors138.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­138ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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. Currency Information