What timeline and procedures govern appeals from the Oregon Court of Appeals to the Oregon Supreme Court?
Executive summary
A party seeking review of an Oregon Court of Appeals decision must petition the Oregon Supreme Court, which has discretionary review powers and strict procedural and timing rules governed by statute (ORS), the Oregon Rules of Appellate Procedure (ORAP), and court practice—most notably a 35‑day petition window that the high court may shorten or expand in particular cases [1] [2] [3]. Filings are processed by the Appellate Court Records office and must comply with fee, service, and form requirements; certain statutorily recognized certifications or direct appeals to the Supreme Court exist for narrow categories of cases [4] [5] [6].
1. What triggers Supreme Court review and who decides
A party “aggrieved” by a Court of Appeals disposition may seek review by filing a petition for review with the Oregon Supreme Court; the Supreme Court chooses whether to grant review, exercising discretionary certiorari‑style power to select cases of broader legal significance or conflict [1] [7]. The legislature and the courts have structured the system to keep the Supreme Court as the court of last resort: most appeals run first through the Court of Appeals, and only a subset reach the Supreme Court by petition or by statuteally mandated direct appeal or certification [4] [8].
2. Timing: the critical deadline and the court’s control
The commonly cited deadline to file a petition for review from a Court of Appeals decision is 35 days from the date of that decision [1]. That deadline is anchored in the appellate framework but is not purely mechanical: either the Court of Appeals or the Supreme Court may shorten the time within which a petition must be filed, and the courts have procedural mechanisms to expedite or extend consideration when justice requires [2]. ORS and ORAP provisions control jurisdictional moments—jurisdiction vests when notice of appeal is served and the appellate court’s jurisdiction can be recalled or stayed in limited circumstances [9] [2].
3. Procedural requirements: forms, fees, service and record
Petitions and supporting briefs must follow ORAP formatting, filing, and service rules administered by the Appellate Court Records office; the records office handles all documents, calendars, and issuance of judgments for both appellate courts [3] [4]. At the time notice of appeal is filed, appellants must deposit the appropriate filing fee with the State Court Administrator—failure to timely deposit the fee is not jurisdictional but can be cause for dismissal subject to statutory exceptions [2]. The courts publish forms and instructions for notices, designations of record, and certificates of service, and the appellate rules require statements of fact to refer to the record or risk sanctions such as striking briefs [10] [5].
4. Special paths: certification, direct appeals, and indigent representation
Certain matters bypass the ordinary petition route: statutory categories such as death penalty, ballot title, lawyer discipline, and tax court cases go directly to the Supreme Court, and the Court of Appeals may certify a case to the Supreme Court instead of issuing a disposition in lieu of decision [4] [6]. For indigent appellants in post‑conviction or criminal contexts, the Oregon Public Defense Commission can be directed to provide counsel and to determine costs for Supreme Court review—statute governs those appointments and appeals of funding decisions [6].
5. How the Supreme Court processes petitions and alternative views
ORAP contains detailed rules on petitions for review, briefs on the merits, expedited captioning when appropriate, and procedures when a case is pending in the Supreme Court; the Chief Justice and Chief Judge can promulgate temporary amendments to those rules [11] [3]. Observers emphasize that the Supreme Court’s discretion means denial of review is common and that practical barriers—cost, complexity, and the court’s caseload—limit how many Court of Appeals decisions receive plenary review [7] [12]. The available reporting does not provide every specific ORAP citation for each filing step or the full matrix of timing for every document type; practitioners should consult the current ORAP text and the Appellate Court Records office for the operative deadlines and form requirements [3] [4].
6. Bottom line: deadlines, discretion, and paperwork govern access
In short, the pathway from the Court of Appeals to the Oregon Supreme Court is controlled by a nearly strict 35‑day petition window, discrete statutory routes that bypass the petition process for select case types, and detailed ORAP and court‑office requirements for fee payment, service, and record designation—while the Supreme Court retains broad discretion to select, expedite, or shorten timeframes and to fashion relief in unusual circumstances [1] [2] [3] [4].