71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2338
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Judicial Department)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2338 (HB 2338-INTRO) Page 1
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. + }
----------
Passed by House February 6, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 22, 2001
...........................................................
President of Senate
Enrolled House Bill 2338 (HB 2338-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2338 (HB 2338-INTRO) Page 3