All appeals start with the filing of a notice of appeal with the Court of Appeals upon the entry of judgment in circuit court (or the exhaustion of administrative appeals of an agency decision). The notice of appeal must be served on the opposing party at the time it is filed.
After the notice is filed and served a transcript of the proceeding from which the appeal is taken is prepared. Preparation of the transcript can take several weeks or months depending on its length.
Once the transcript is prepared it is disseminated to the parties and the appellant is given a date by which the opening brief must be filed with the court and served on the opposing party. Depending on the nature of the appeal this due date may be extended for good cause.
After the opening brief is filed the opposing party (or “respondent”) is given a due date for filing and serving its “answering” brief. The court also sets a submission date at which any party may request oral arguments.
After oral arguments the court takes the case under advisement, and eventually renders a decision. Sometimes this decision will result in an opinion describing the court’s reasoning and directing the trial court to take certain actions to effect its decision. Sometimes the decision will result in an “AWOP” or “affirmed without opinion,” upholding the trial court’s decision without explanation.
Any party to an appeal may petition the Supreme Court of Oregon for review of a Court of Appeals decision by filing a petition for review within 35 days of the issuance of that decision. Petitions for review are rarely granted. In the unlikely event that a petition for review is granted, the parties will repeat the sequence described above.
Decisions by the Oregon Supreme Court, including denials of petitions for review, are only reviewable by the United States Supreme Court. The Supreme Court will only review state Supreme Court decisions in the extremely unlikely event that it grants a writ of certiorari to hear the appeal.