2017 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.081 - Service and filing of notice of appeal.
(1) An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 to be served:
(a)(A) When the defendant appeals, on the district attorney for the county in which the judgment is entered or, if the appeal is under ORS 221.360, on the plaintiff’s attorney; or
(B) When the state appeals, on the attorney of record for the defendant or, if the defendant has no attorney of record, on the defendant;
(b) On the trial court transcript coordinator if a transcript is required in connection with the appeal; and
(c) On the trial court administrator.
(2)(a) If the state cannot effect service on the defendant as provided in subsection (1)(a)(B) of this section, the trial court may order alternative service in accordance with ORCP 7 D(6) on proof of the state’s due diligence in attempting to effect service.
(b) Alternative service is not perfected until the time established by the court for response expires and the state files with the appellate court the affidavit or declaration of alternative service.
(3) The notice of appeal signed by the appellant, along with proof of service of the notice, must be filed with the administrator of the court to which the appeal is taken. Proof of service of the notice of appeal may either be part of, or accompany, the original notice when filed. [1971 c.565 §23 (enacted in lieu of 138.080); 1985 c.734 §18; 1997 c.389 §9; 2001 c.870 §8; 2017 c.529 §8]
