Chapter 341 Oregon Laws 2001

AN ACT

HB 2338

Relating to appeals; creating new provisions; and amending ORS 19.370.

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

SECTION 1. ORS 19.370 is amended to read:

19.370. (1) If a transcript is prepared from audio records by a person other than the reporter, then the reporter shall certify the audio records and the transcript shall be certified by the person preparing it. In all other cases the transcript shall be certified by the reporter or the trial judge.

(2) Except as provided in subsection (3) of this section, the person preparing the transcript shall file the transcript [shall be filed by the reporter] with the trial court administrator within 30 days after the filing of the notice of appeal or within 30 days after the entry of an order granting a transcript under ORS 138.500 (3). The [reporter] person preparing the transcript shall give immediate notice in writing to the parties that the transcript has been filed. Except as provided in subsection [(2)] (4) of this section, the [reporter] person preparing the transcript shall serve the respondent with a copy of the transcript and shall, at the time of filing the original transcript, file proof of such service with the trial court administrator, and with the [clerk of the court to which the appeal is made] State Court Administrator.

(3) If an appeal is referred to mediation under the rules of the appellate mediation program established by the Court of Appeals pursuant to ORS 2.560, the transcript must be filed within 30 days after expiration of the period of time specified in the rules during which the appeal is held in abeyance, or within 30 days after the court directs that the appeal no longer be held in abeyance, whichever occurs first.

[(2)] (4) If there are two or more parties in addition to the appellant who have appeared in the trial court and who are represented by different attorneys, the [reporter] person preparing the transcript shall at the time of filing the original transcript deposit a copy thereof with the trial court administrator for use by all such other parties. The [reporter] person preparing the transcript shall serve notice of such deposit upon all such parties and file proof of such service with the trial court administrator and with the [clerk of the court to which the appeal is made] State Court Administrator.

[(3)] (5) Except as provided in subsection (6) of this section, within 15 days after the transcript is filed, any party may move the trial court for an order to correct any errors appearing in the transcript or, where the interests of justice require, to have additional parts of the proceedings included in the transcript. If two or more persons are preparing parts of the transcript, the motion must be filed within 15 days after the last part of the transcript is filed. A copy of any such motion shall be filed with the court to which the appeal is made. The trial court shall direct the making of such corrections and the adding of such matter as may be appropriate and shall fix the time within which such corrections or additions shall be made.

(6) If an appeal is referred to mediation under the rules of the appellate mediation program established by the Court of Appeals pursuant to ORS 2.560, and the transcript is filed during any period of time specified in the rules during which the appeal is held in abeyance, a motion under subsection (5) of this section must be filed within 15 days after expiration of the period of time the appeal is held in abeyance, or within 15 days after the court directs that the appeal no longer be held in abeyance, whichever occurs first.

[(4)] (7) Upon the denial of a motion to correct or add to the transcript under subsection (5) of this section, or upon the making of such corrections or additions as may be ordered, whichever last occurs, the trial court shall enter an order settling the transcript and send copies thereof to each of the parties or their attorneys and to the State Court Administrator. In the absence of a motion to correct or add to the transcript, the transcript shall be deemed automatically settled 15 days after it is filed.

SECTION 2. The amendments to ORS 19.370 by section 1 of this 2001 Act apply only to notices of appeal filed on or after the effective date of this 2001 Act.

Approved by the Governor June 8, 2001

Filed in the office of Secretary of State June 8, 2001

Effective date January 1, 2002

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