ORS 19.365¹
Preparation and transmission of record generally

(1) The record of the case shall be prepared and transmitted to the court to which the appeal is made in the manner provided in this chapter.

(2) The record on appeal shall consist of those parts of the trial court file, exhibits and record of oral proceedings in the trial court that are designated under ORS 19.250 (Contents of notice of appeal). The record of oral proceedings shall be the transcript prepared under ORS 19.370 (Certification of transcript), an agreed narrative statement prepared under ORS 19.380 (Agreed narrative statement) or the audio record if the appellate court has waived preparation of a transcript under ORS 19.385 (Audio records).

(3) The trial court administrator shall, upon request of the State Court Administrator, deliver the record of the case to the appellate court.

(4) When it appears to the appellate court that the record on appeal is erroneous or that the record does not contain material that should have been part of the trial court file, and the erroneous or incomplete record substantially affects the merits of the appeal, on motion of a party or on its own motion the court may make such order to correct or supplement the record as may be just.

(5) If the record on appeal is not sufficient to allow the appellate court to review an assignment of error, the court may decline to review the assignment of error and may dismiss the appeal if there are no other assignments of error that may be reviewed.

(6) Unless otherwise ordered by the appellate court, the State Court Administrator shall return the trial court file and the exhibits to the trial court administrator upon issuance of the appellate judgment disposing of the appeal. [Formerly 19.065]

Notes of Decisions

Materials that are part of trial court file or that were received in evidence or judicially noticed and ma­te­ri­als erroneously omitted from trial court file may be designated as part of record on ap­peal. State ex rel Depart­ment of Human Services v. Lewis, 193 Or App 264, 89 P3d 1219 (2004)

Correspondence between trial judge and others re­gard­ing case is part of trial court file and may be designated as part of record on ap­peal, notwithstanding that correspondence might not qualify as part of evidentiary record for purposes of challenging or defending trial court decision. State ex rel Depart­ment of Human Services v. Lewis, 193 Or App 264, 89 P3d 1219 (2004)

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/­Archive/­2007ors19.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 19, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­019ano.­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