Oregon Revised Statutes Chapter 147 § 147.537 — Appellate review as matter of right; notice of interlocutory appeal; service;

Appellate review as matter of right; notice of interlocutory appeal; service; response. (1) Appellate review of an order described in ORS 147.535 (4)(a) must be initiated by filing a notice of interlocutory appeal with the Supreme Court substantially in the form prescribed by rule of the Supreme Court. Review of the order is a matter of right. (2) The person or party filing the notice of interlocutory appeal shall be identified as the appellant and the defendant shall be identified as the respondent. Any other person described in subsection (6)(a) to (f) of this section who is a party to the appeal shall be identified as a respondent. (3) The notice of interlocutory appeal must contain: (a) A designation of those portions of the trial court record, including oral proceedings, to be included in the record on appeal; and (b) A statement of why the notice is timely. (4) The appellant shall include with the notice of interlocutory appeal the following materials: (a) A copy of the order for which appellate review is sought, which must be attached to the notice. (b) Excerpts of the record necessary to determine the question presented and the relief sought. An excerpt of record must include a copy of the form described in ORS 147.515 (2)(a), if the form was completed and provided to the trial court. (c) A memorandum of law containing: (A) A concise but complete statement of facts material to a determination of the question presented and the relief sought; and (B) Supporting arguments and citations of authority. (5) The Supreme Court may: (a) Direct a party to the appeal to supplement the record with a copy of additional parts of the record or a transcript of the parts of the oral proceedings in the trial court necessary to determine the question presented and the relief sought; or (b) Direct the trial court administrator to forward all or part of the trial court record. (6) The appellant shall serve a copy of the notice of interlocutory appeal and the accompanying materials described in subsection (4) of this section on the following other persons: (a) The victim who asserted the claim that resulted in the order being appealed and any victim who asserted a related claim; (b) Any person who filed a response under ORS 147.517 (4) to the claim that resulted in the order being appealed or a related claim; (c) Any person who filed the motion that resulted in the order being appealed or a related motion under ORS 147.522; (d) Any person against whom relief was sought in the hearing that resulted in the order being appealed or a related hearing under ORS 147.530; (e) The prosecuting attorney; (f) The Attorney General; (g) The defendant; and (h) The Oregon Public Defense Commission, if the defendant is represented by appointed counsel. (7) The appellant shall serve a copy of the notice of interlocutory appeal on: (a) The trial court administrator; and (b) The trial court transcript coordinator, if the notice of interlocutory appeal contains a designation of the oral proceedings before the trial court as part of the record on appeal. (8)(a) Except as otherwise provided in this subsection, the appellant shall serve and file the notice of interlocutory appeal and, if applicable, the accompanying materials described in subsection (4) of this section within seven days after the date the trial court entered the order being appealed. (b) An appellant who seeks to appeal an order issued under ORS 147.530 and who was not provided with a copy of the order as required by ORS 147.530 (6) may serve and file the notice of interlocutory appeal and, if applicable, the accompanying materials described in subsection (4) of this section within seven days after the date of receiving a copy of the order. (c) The appellant shall serve the prosecuting attorney and the Attorney General so that the copy of the notice of interlocutory appeal and accompanying materials are received on the same day the notice is filed with the Supreme Court. (d) Except as provided in paragraph (c) of this subsection, the appellant shall serve all persons described in subsections (6) and (7) of this section so that the copy of the notice of interlocutory appeal and, if applicable, accompanying materials are received no later than one judicial day after the notice is filed. (9) Within three days after receipt of a notice of interlocutory appeal that contains a designation of record under subsection (3) of this section, the trial court administrator shall forward to the Supreme Court an audio record of the designated oral proceedings. (10) If the Supreme Court directs a party to provide a transcript of oral proceedings under subsection (5) of this section, the party shall provide the transcript to the Supreme Court within seven days after the date of the Supreme Court’s order. (11)(a) The following requirements are jurisdictional and may not be waived or extended: (A) The timely filing of the or