ORS 138.185¹
Transmission of record to Court of Appeals
  • statutes applicable to appeal to Court of Appeals

(1) In an appeal to the Court of Appeals, when the notice of appeal is filed, or when the appeal is perfected upon publication of notice as provided in ORS 138.120 (When appeal is perfected in case of service of notice of appeal by publication), the record in the trial court shall be prepared and transmitted to the State Court Administrator, at Salem, in the manner and within the time prescribed in ORS chapter 19.

(2) The provisions of ORS 19.250 (Contents of notice of appeal), 19.260 (Filing by mail), 19.270 (Appellate jurisdiction of Supreme Court and Court of Appeals), 19.385 (Audio records), 19.390 (Bill of exceptions not required), 19.435 (Memorandum decisions), 19.450 (Appellate judgment) and 19.510 (Powers of successor trial judge with respect to appeals) and the provisions in ORS 19.425 (Review of intermediate orders) authorizing review of intermediate orders and, if the defendant is the appellant, the provisions of ORS 19.420 (Action by appellate court on appeal) (3) shall apply to appeals to the Court of Appeals. [1959 c.558 §39; 1969 c.198 §67; 1971 c.193 §29; 1971 c.565 §25; 1985 c.734 §19; 1987 c.852 §2; 1997 c.389 §26]

Notes of Decisions

The trial court retains jurisdic­tion to correct the transcript even until the disposi­tion of the cause by the appellate court. State v. Wertheimer, 6 Or App 507, 488 P2d 1199 (1971)

Under this sec­tion, together with ORS 19.029 (renumbered ORS 19.250 (Contents of notice of appeal)) and 19.078 (renumbered ORS 19.370 (Certification of transcript)), 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)

Law Review Cita­tions

51 OLR 652 (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