Oregon Law
Law as of Jan 1, 2026
Chapter contents
138.005Definitions for ORS 138.010 to 138.310 138.010Mode of review; abolition of writs of error and certiorari 138.012[1999 c.1055 §5; 2001 c.306 §2; renumbered 138.052 in 2017] 138.015Statutes applicable to appeals 138.020Who may appeal 138.030Parties designated “appellant” and “respondent”; title of action 138.035Appeal by defendant 138.040[Amended by 1959 c.558 §36; 1963 c.207 §1; 1969 c.198 §62; 1971 c.565 §19; 1977 c.372 §13; 1977 c.752 §1; 1985 c.348 §1; 1989 c.849 §4; 2001 c.870 §6; repealed by 2017 c.529 §26] 138.045Appeal by state 138.050[Amended by 1969 c.198 §63; 1973 c.836 §275a; 1975 c.611 §23; 1977 c.372 §14; 1985 c.342 §20; 1985 c.348 §2; 1989 c.849 §5; 1995 c.658 §78; 1999 c.134 §3; 1999 c.788 §47; 2001 c.644 §1; repealed by 2017 c.529 §26] 138.052Appeal from judgment of conviction and sentence of death; direct review by Supreme Court 138.053[1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101; repealed by 2017 c.529 §26] 138.057Appeal from judgment involving violation 138.060[Amended by 1963 c.385 §1; 1969 c.198 §64; 1969 c.529 §1; 1971 c.644 §1; 1973 c.836 §276; 1977 c.752 §2; 1989 c.790 §21a; 1997 c.852 §11; 1999 c.946 §2; 2001 c.870 §4; 2011 c.379 §1; 2017 c.529 §4; renumbered 138.045 in 2017] 138.065Appeal from judgment or order deciding special statutory proceeding 138.070[Repealed by 1971 c.565 §20 (138.071 enacted in lieu of 138.070)] 138.071Time within which appeal must be taken 138.080[Amended by 1959 c.558 §37; 1969 c.198 §65; 1971 c.193 §28; repealed by 1971 c.565 §22 (138.081 enacted in lieu of 138.080)] 138.081Service and filing of notice of appeal 138.083[1989 c.790 §20; 1995 c.109 §1; 1997 c.389 §2; 2003 c.576 §165; 2007 c.547 §3; 2013 c.153 §1; repealed by 2017 c.529 §26] 138.085Content requirements for certain notices of appeal 138.090Signature to notice of appeal 138.100[Amended by 1959 c.558 §38; 1961 c.101 §1; repealed by 1971 c.565 §1] 138.105Appeal by defendant 138.110[Amended by 1963 c.324 §1; 1971 c.565 §24; repealed by 2017 c.529 §26] 138.115Appeal by state 138.120[Repealed by 2017 c.529 §26] 138.125[2013 c.151 §1; renumbered 138.285 in 2017] 138.130[Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] 138.135[1963 c.155 §2 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1967 c.372 §5; 1969 c.198 §66; 1977 c.752 §4; 1999 c.1051 §257; repealed by 2013 c.151 §4] 138.140[Amended by 1953 c.99 §2; 1955 c.660 §19; repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] 138.145[1963 c.155 §3 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1973 c.836 §277; 1987 c.320 §43; 2003 c.458 §1; renumbered 138.305 in 2017] 138.150[Repealed by 1963 c.155 §1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)] 138.160[Amended by 1959 c.638 §20; 1973 c.836 §278; renumbered 138.295 in 2017] 138.170[Repealed by 1959 c.638 §26] 138.180[Repealed by 1959 c.558 §51] 138.185[1959 c.558 §39; 1969 c.198 §67; 1971 c.193 §29; 1971 c.565 §25; 1985 c.734 §19; 1987 c.852 §2; 1997 c.389 §26; 2017 c.529 §9; renumbered 138.015 in 2017] 138.190[Repealed by 1959 c.558 §51] 138.200[Repealed by 1959 c.558 §51] 138.210Failure to file brief by appellant; appearance by defendant 138.220[Amended by 1959 c.558 §40; repealed by 2017 c.529 §26] 138.222[1989 c.790 §21; 1993 c.692 §2; 1993 c.698 §1; 1997 c.852 §9; 2001 c.644 §3; 2003 c.737 §102; 2005 c.563 §1; repealed by 2017 c.529 §26] 138.225Summary affirmation 138.227Joint motion to vacate and remand 138.230[Repealed by 2017 c.529 §26] 138.240[Repealed by 2017 c.529 §26] 138.250[Amended by 1973 c.836 §279; repealed by 2017 c.529 §26] 138.255Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review 138.257Determination on appeal 138.260[Repealed by 1981 c.178 §18] 138.261Time within which certain appeals must be decided 138.265[1981 c.178 §6; repealed by 1985 c.734 §20] 138.270[Amended by 1981 c.178 §7; repealed by 1985 c.734 §20] 138.275Notice to parties concerning modified judgment or order or supplemental judgment 138.280[Amended by 1959 c.558 §41; 1981 c.178 §8; repealed by 1985 c.734 §20] 138.285Order staying execution of sentence 138.290[Amended by 1981 c.178 §9; repealed by 1985 c.734 §20] 138.295Stay of judgment or order on appeal by state; release 138.300[Amended by 1969 c.198 §68; 1983 c.763 §15; repealed by 2017 c.529 §26] 138.305Delivery of defendant under sentence of imprisonment to intake center 138.310Notice to court below when executive director of Oregon Public Defense Commission certifies costs, expenses or compensation 138.410[Formerly 138.810; repealed by 1967 c.372 §13] 138.420[Formerly 138.820; repealed by 1967 c.372 §13] 138.430[Formerly 138.830: repealed by 1967 c.372 §13] 138.440[Formerly 138.840; 1961 c.480 §1; repealed by 1967 c.372 §13] 138.480Oregon Public Defense Commission to provide representation for prisoner in proceeding before appellate court 138.490[1963 c.600 §11; 1969 c.198 §70; 1977 c.752 §5; 1979 c.867 §2; 1981 s.s. c.3 §125; 1985 c.502 §22; 1989 c.1053 §5; 1993 c.33 §302; 2001 c.962 §104; repealed by 2001 c.962 §115] 138.500Appointment of counsel and furnishing of transcript for appellant without funds; compensation 138.504Waiver of counsel; appointment of legal advisor 138.510Persons who may file petition for relief; time limit 138.520Relief which court may grant 138.525Dismissal of meritless petition 138.527Frivolous petition or response; attorney fees 138.530When relief must be granted; executive clemency or pardon powers and original jurisdiction of Supreme Court in habeas corpus not affected 138.540Petition for relief as exclusive remedy for challenging conviction; when petition may not be filed; abolition or availability of other remedies 138.550Availability of relief as affected by prior judicial proceedings 138.560Procedure upon filing petition for relief; filing fee; venue and transfer of proceedings 138.570Who shall be named as defendant; counsel for defendant 138.580Petition 138.585Access to confidential jury records 138.590Petitioner may proceed as a financially eligible person 138.600[1959 c.636 §10; repealed by 1997 c.872 §6] 138.610Pleadings 138.615Disclosure of witness information 138.620Hearing 138.622Appearance by communication device 138.625Victim testimony; contact with victim 138.627Victim’s rights 138.630Evidence of events occurring at trial of petitioner 138.640Judgment; enforcement 138.650Appeal 138.660Summary affirmation of judgment; dismissal of appeal 138.665Remand for reconsideration of judgment or order; appeal 138.670Admissibility, at new trial, of testimony of witness at first trial 138.680Short title 138.685[1991 c.885 §3; repealed by 1999 c.1055 §15] 138.686Automatic stay of sentence of death for federal appeal and state post-conviction relief 138.687[1991 c.885 §4; repealed by 1999 c.1055 §15] 138.688Definitions 138.690Commencement of DNA testing proceedings; discovery 138.692Motion for DNA testing; declaration; court order; costs 138.694Appointed counsel 138.696Test results; motion for new trial 138.697Appeal of court order 138.698Effect of setting aside conviction on plea agreement 138.700Entry of unidentified profile into DNA databases; motion for laboratory evaluation; court order 138.710[1963 c.600 §1; renumbered 151.210] 138.720[1963 c.600 §2; 1969 c.314 §6; renumbered 151.270] 138.730[1963 c.600 §3; renumbered 151.280] 138.740[1963 c.600 §4(1),(3),(4),(5),(6),(7); renumbered 151.220] 138.750[Subsection (1) enacted as 1963 c.600 §4(2); subsection (2) enacted as 1963 c.600 §5(4); 1967 c.35 §1; 1969 c.644 §1; 1971 c.642 §3; renumbered 151.230] 138.760[1963 c.600 §5(1),(2),(3); renumbered 151.240] 138.770[1963 c.600 §6; 1967 c.372 §6; renumbered 151.250] 138.780[1963 c.600 §7; renumbered 151.260] 138.790[1963 c.600 §13; renumbered 151.290] 138.810[1955 c.662 §2; 1959 c.558 §42; renumbered 138.410] 138.820[1955 c.662 §3; 1959 c.558 §43; renumbered 138.420] 138.830[1955 c.662 §4; renumbered 138.430] 138.840[1955 c.662 §5; 1959 c.558 §44; renumbered 138.440]

Chapter 138 — Appeals; Post-Conviction Relief

ORS 138.525 Dismissal of meritless petition

(1)

The court may, on its own motion or on the motion of the defendant, enter a judgment denying a meritless petition brought under ORS 138.510 to 138.680.

(2)

As used in this section, “meritless petition” means one that, when liberally construed, fails to state a claim upon which post-conviction relief may be granted.

(3)

Notwithstanding ORS 138.650, a judgment dismissing a meritless petition is not appealable.

(4)

A dismissal is without prejudice if a meritless petition is dismissed without a hearing and the petitioner was not represented by counsel.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.