Chapter 138 — Appeals; Post-Conviction Relief
ORS 138.081 Service and filing of notice of appeal
An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 to be served:
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
When the state appeals, on the attorney of record for the defendant or, if the defendant has no attorney of record, on the defendant;
On the trial court transcript coordinator if a transcript is required in connection with the appeal; and
On the trial court administrator.
If the state cannot effect service on the defendant as provided in subsection
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.
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.
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.
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Provenance
2023 Oregon Revised Statutes
Official online edition
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- oregonlegislature.gov
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Version history
Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source