Bill Text: OR SB400 | 2011 | Regular Session | Enrolled

Oregon Senate Bill 400 (Prior Session Legislation)

Bill Title: Relating to appeals.

Sponsorship: Unknown

Status: (Passed) 2011-06-09 - Effective date, January 1, 2012. [SB400 Detail]

Download: Oregon-2011-SB400-Enrolled.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 400

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Office of Public Defense Services)

                     CHAPTER ................

                             AN ACT

Relating to appeals; amending ORS 19.260.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 19.260 is amended to read:
  19.260. (1) Filing a notice of appeal in the Court of Appeals
or the Supreme Court may be accomplished by mail. The date of
filing such notice shall be the date of mailing, provided it is
mailed by registered or certified mail and the party filing the
notice has proof from the post office of such mailing date. Proof
of mailing shall be certified by the party filing the notice and
filed thereafter with the court to which the appeal is taken. If
the notice is received by the court on or before the date by
which such notice is required to be filed, the party filing the
notice is not required to file proof of mailing.
  (2) Service of notice of appeal on a party, transcript
coordinator or the trial court administrator, or service of a
petition for judicial review on a party or administrative agency
may be accomplished by first class, registered or certified mail.
The date of serving such notice shall be the date of mailing.
Proof of mailing shall be certified by the party filing the
notice and filed thereafter with the court to which the appeal is
taken.
   { +  (3) Notwithstanding subsections (1) and (2) of this
section, if the party filing a notice of appeal is involuntarily
confined in a state or local governmental facility, the date of
filing of a notice of appeal in the Court of Appeals or the
Supreme Court, and the date of service under subsection (2) of
this section, is the date on which the party delivers the
original notice of appeal, and the appropriate number of copies
of the notice for service under subsection (2) of this section,
to the person or place designated by the facility for handling
outgoing mail. + }
    { - (3) - }  { +  (4) + } Except as otherwise provided by
law, the provisions of   { - subsections (1) and (2) of - }  this
section are applicable to petitions for judicial review, cross
petitions for judicial review and petitions under the original
jurisdiction of the Supreme Court or Court of Appeals.
                         ----------

Enrolled Senate Bill 400 (SB 400-INTRO)                    Page 1

Passed by Senate February 24, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 24, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 400 (SB 400-INTRO)                    Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 400 (SB 400-INTRO)                    Page 3