Rule 12.40 - DIRECT REVIEW OF STATUTESWhen the legislature provides for direct review of a statute, except as otherwise provided by statute or court order:
(1) The petition shall, to the extent practicable, allege one or more claims for relief as provided in ORCP 18.(2) A response to the petition shall be filed within 14 days after the petition is filed and shall, to the extent practicable, respond to the petitioner's claims for relief as provided in ORCP 19.(3) The petitioner may file a reply to assert any affirmative allegations in avoidance of any affirmative defenses asserted in the response. A reply shall be filed within 14 days after the response is filed.(4) No later than 14 days after the response described in paragraph (2) is filed, the parties shall confer about the facts necessary for the court's resolution of the legal and procedural issues, and the petitioner shall file a joint statement that: (a) Identifies all stipulated facts;(b) States whether any facts are disputed and, if so, explains the parties' respective positions as to those facts; and(c) Explains the parties' positions as to whether the court should appoint a special master.(5) The time for filing briefs set out in ORAP 5.80 applies, except that the opening brief is due 49 days after the court settles the record.(6) To the extent practicable, the rules set out in ORAP Chapter 5 apply to the form and content of any brief filed.Adopted November 13, 2020, effective 1/1/2021.