Current through 2024 Regular Session legislation effective June 6, 2024
Section 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.(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. Amended by 2013 Ch. 685,§ 5, eff. 7/29/2013.