2021 Oregon Revised Statutes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.081 - Service and filing of notice of appeal.


(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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 138 - Appeals; Post-Conviction Relief

Section 138.005 - Definitions for ORS 138.010 to 138.310.

Section 138.035 - Appeal by defendant.

Section 138.045 - Appeal by state.

Section 138.052 - Appeal from judgment of conviction and sentence of death; direct review by Supreme Court.

Section 138.057 - Appeal from judgment involving violation.

Section 138.071 - Time within which appeal must be taken.

Section 138.081 - Service and filing of notice of appeal.

Section 138.085 - Content requirements for certain notices of appeal.

Section 138.105 - Appeal by defendant.

Section 138.115 - Appeal by state.

Section 138.227 - Joint motion to vacate and remand.

Section 138.255 - Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review.

Section 138.257 - Determination on appeal.

Section 138.261 - Time within which certain appeals must be decided.

Section 138.285 - Order staying execution of sentence.

Section 138.500 - Appointment of counsel and furnishing of transcript for appellant without funds; compensation.

Section 138.504 - Waiver of counsel; appointment of legal advisor.

Section 138.510 - Persons who may file petition for relief; time limit.

Section 138.525 - Dismissal of meritless petition.

Section 138.527 - Frivolous petition or response; attorney fees.

Section 138.530 - When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected.

Section 138.540 - Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies.

Section 138.550 - Availability of relief as affected by prior judicial proceedings.

Section 138.560 - Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings.

Section 138.585 - Access to confidential jury records.

Section 138.590 - Petitioner may proceed as a financially eligible person.

Section 138.615 - Disclosure of witness information.

Section 138.620 - Hearing.

Section 138.625 - Victim testimony; contact with victim.

Section 138.627 - Victim’s rights.

Section 138.640 - Judgment; enforcement.

Section 138.650 - Appeal.

Section 138.665 - Remand for reconsideration of judgment or order; appeal.

Section 138.686 - Automatic stay of sentence of death for federal appeal and state post-conviction relief.

Section 138.688 - Definitions.

Section 138.690 - Commencement of DNA testing proceedings; discovery.

Section 138.692 - Motion for DNA testing; declaration; court order; costs.

Section 138.694 - Appointed counsel.

Section 138.696 - Test results; motion for new trial.

Section 138.697 - Appeal of court order.

Section 138.698 - Effect of setting aside conviction on plea agreement.

Section 138.700 - Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order.