Oregon > Appellate > Court Of Appeals
Notice Of Appeal (Termination Of Parental Rights) - Oregon
| Notice Of Appeal (Termination Of Parental Rights) Form. This is a Oregon form and can be used in Court Of Appeals Appellate . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
KINGSLEY W. CLICK State Court Administrator INFORMATION ON FILING A NOTICE OF APPEAL (CIRCUIT COURT TERMINATION OF PARENTAL RIGHTS)In response to your request, enclosed is information on how to file a notice of appeal. Herein you will finda standard form of notice of appeal and a form oftif cericate of service. You will also find the instructionsfor completing these forms. Additional information relating to handling an appeal on your own without an attorney is enclosed as . You should read this information carefully. A notice of appeal must be submittedto the Court of Appeals in the manner prescribed in the relevant Oregon Revised Statutes (ORS) and theOregon Rules of Appellate Procedure (ORAP). The ORAP rules which apply to the filing of a notice ofappeal are also enclosed. If you wish to appeal a final trial court judgment, you must file a notice of appeal with the Court ofAppeals. The original of the notice should be filed with the State Court Administrator at thefollowing address: ATTN: Records Section State Court Administrator Supreme Court Building 1163 State Street Salem, OR 97301-2563A notice of appeal from a circuit court judgment must be filed within 30 days from the date thejudgment was entered in the trial court register. Unless an appeal is filed within the time required bystatute, the Court of Appeals will not be able to consider it. Filed means that the appeal must be in thepossession of the office of the State Court Administrator on or before the date it is due, or must be mailedon or before the date it is due by certified or registered mail with proof fromth e Post Office of suchmailing date. See ORS 19.260(1). A copy of the trial court judgment you wish to appeal must be attached to the notice of appeal.Any document filed with the Court of Appeals must be served on all parties to the case . SeeORAP 1.35(2). The document being filed must include a statement of service (proof of service) whichstates that the document has been served on all parties. Therefore, you must serve a copy of the notice ofappeal on all parties. PLEASE NOTE: A motion for court-appointed counsel and a motion for the transcript to beprepared at state expense must be filed with the trial court which entered the judgment which isbeing appealed. ORS 138.500. <<<<<<<<<********>>>>>>>>>>>>> 2If you need additional information, call the Records Section at (503) 986-5555. If you wish to obtain a copy of the ORAP, send a written request with your name and address, along with payment of $15.00 to: ATTN: Publications Section State Court Administrator Supreme Court Building 1163 State Street Salem, OR 97301-2563 INSTRUCTIONS FOR COMPLETING NOTICE OF APPEAL CAPTION On line 1 write in the name of the minor child. On line 2 write the name of the respondents (usually State ex rel Juvenile Department of ___ County or State ex rel State Office for Services to Children and Families). You can get this information by looking at the heading on one of the documents filed in that court. On line 2 fill in your name as the appellant appealing the trial court judgment. TRIAL COURT NO. The trial court assigned a case number to your case which is written on all of the documents filed in that court. Fill in that number on the line provided. SECTION 1:a Fill in your name as the appellant. SECTION 1:b Give the date the judgment from which you are appealing was entered in the trial court register. A judgment will show the date it was signed and frequently it will show the date that it was filed, but for appeal purposes the imtant date is the date ofpor entry in the trial court register. If the date of entry does not appear on your copy of the judgment, you should contact the trial court and request the date of entry. A copy of the judgment must be attached to your notice of appeal. SECTION 1:c Fill in the name of the judge who signed the judgment. SECTION 1:d Fill in the name of the county in which the court entering the judgment is located. SECTION 2 Fill in the names and addresses for the appellant(s) and the names for the respondent(s), but not the names of their attorneys. SECTION 3 The name and address for the Solicitor General has been provided. List the name, bar number, address and telephone number of for any other attorneys and who they represent. If a party is not represented by an attorney, then list the partys own name and address.SECTION 4 Mark the appropriate statement indicating what portions of the trial court file (record) you wish to be reviewed by this court. The first statement designates all portions of the trial court record be reviewed. The second statement designates only certain portions of the trial court record be reviewed, in which case, you need to indicate what portions of the record you wish to have this court review on the lines provided. <<<<<<<<<********>>>>>>>>>>>>> 3SECTION 5 Explain the basis for the appeal or the issues you will be replying upon to support your appeal. You only need to complete this statement if you did not designate the entire record in Section 4. This should only be a brief statement. You will have the chance to fully explain your case when you file your brief. SECTION 6 Explain why this appeal is filed timely. SECTION 7 Indicate whether you wish to have the transcript/audio record prepared at appellants expense or at public expense. A mon moti ust be filed with the trial court along with an affidavit of indigency and the motion must be allowed by the trial court.SECTION 8 Attach a copy of the judgment you are appealing to the notice of appeal.Sign and date the notice of appeal. The signature must be an original. INSTRUCTIONS FOR COMPLETING CERTIFICATE OF FILING Fill in the date you filed the notice of appeal with the State Court Administrator. Mark the appropriate method of filing used. INSTRUCTIONS FOR COMPLETING CERTIFICATE OF SERVICE Fill in the date you served the notice of appeal to the other parties. You must send a copy of the appeal to the parties which are listed. You will need to fill in the names and address for the parties you served. Although the name and address for some of the parties have been provided, you must indicate that you have served them with a copy of the appeal. Mark the appropriate method of service you used to serve the parties.FILE THE NOTICE OF APPEAL WITH THE COURT OF APPEALS BEFORE THE DEADLINE, ANDSEND COPIES OF EVERYTHING YOU FILE WITH THE COURT OF APPEALS TO THE PARTIESLISTED ON THE CERTIFICATE OF SERVICE. <<<<<<<<<********>>>>>>
|
|||||||
