Oregon Statutes 19.365 – Preparation and transmission of record generally
(1) The record of the case must be prepared and transmitted to the court to which the appeal is made in the manner provided in this chapter.
Terms Used In Oregon Statutes 19.365
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Exhibits: means exhibits offered and received or rejected in the trial court. See Oregon Statutes 19.005
- Judgment: means a judgment or appealable order, as provided in ORS § 19. See Oregon Statutes 19.005
- record of the case: means the trial court file and any transcript, narrative statement and exhibits. See Oregon Statutes 19.005
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Transcript: means the transcript of the court reporter's report as provided in ORS § 8. See Oregon Statutes 19.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trial court file: means all the original papers filed in the trial court whether before or after judgment, including but not limited to the summons and proof of service thereof, pleadings, motions, affidavits, depositions, stipulations, orders, jury instructions, the judgment, the notice of appeal and the undertaking on appeal. See Oregon Statutes 19.005
(2) The record on appeal consists of those parts of the trial court file, exhibits and record of oral proceedings in the trial court that are designated under ORS § 19.250. The record of oral proceedings is the transcript prepared under ORS § 19.370, an agreed narrative statement prepared under ORS § 19.380 or the audio record if the appellate court has waived preparation of a transcript under ORS § 19.385.
(3) The trial court administrator shall make the trial court record available to the State Court Administrator in the manner specified by rules of the appellate court.
(4) When it appears to the appellate court that the record on appeal is erroneous or that the record does not contain material that should have been part of the trial court file, and the erroneous or incomplete record substantially affects the merits of the appeal, on motion of a party or on its own motion the appellate court may make such order to correct or supplement the record as may be just.
(5) If the record on appeal is not sufficient to allow the appellate court to review an assignment of error, the appellate court may decline to review the assignment of error and may dismiss the appeal if there are no other assignments of error that may be reviewed.
(6) Except as provided by rules of the appellate court, the State Court Administrator shall return the trial court file and the exhibits to the trial court administrator upon issuance of the appellate judgment disposing of the appeal. [Formerly 19.065; 2013 c.685 § 5]