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The purpose of having a transcript of oral proceedings in the trial court as part of the record on appeal is so the Oregon Court of Appeals and the Oregon Supreme Court can consider those proceedings in the course of deciding the appeal. You can choose whether to designate a transcript as part of the trial court record on appeal. If neither the appellant nor the respondent designates the transcript of a hearing or trial as part of the record on appeal, then the appellate court will not consider what was said at the hearing or trial in the course of deciding the appeal.
When a transcript or record is settled, that means that all the parties agree that the transcript or record is accurate and complete. Parties have 15 days from the date the transcript is filed to determine if the transcript or record is accurate and complete.
The appellate court considers the transcript or the record to be settled when one of these events occur:
When the transcript or record is settled, the appellate court will issue a notice to the parties so stating, and the time within which the appellant has to file the opening brief begins to run.
By statute (ORS 21.345), a transcriber may charge up to $3.00 per page to prepare a transcript. The party who designated a transcript to be prepared as part of the trial court record on appeal must contact the transcriber to determine the cost of preparing the transcript. The transcriber will estimate the number of pages of the transcript based on the number of hearings and other trial court proceedings to be transcribed and how long those proceedings lasted. The party who designated a transcript is responsible to make financial arrangements directly with the transcriber to have the transcript prepared. Neither the trial court nor the appellate court is involved in determining the cost of a transcript or collecting the money to pay for the transcript.
If an appellant designates less than all trial court oral proceedings as part of the record on appeal and the respondent filed a notice of designation of additional parts of the record, the respondent may file a motion with the trial court asking the trial court to require the appellant to pay for the additional transcript.
If the party who paid to have a transcript prepared wins on appeal and the appellate court awards that party costs, the party can recover the cost of preparing the transcript from the losing party.
The parties to an appeal should review the transcript as soon as possible after the transcriber serves a copy of the transcript on the parties. Sometimes a transcript will contain errors. The law gives parties 15 days after the transcript is filed to file a motion to correct/add to the transcript. A motion to correct/add to the transcript should identify, by page and line number, the words that are incorrect and state the correct words. A motion to correct/add to the transcript should be filed in the circuit court and a copy served on the transcriber, the adverse party, and the appellate court. A party filing a motion with the trial court should provide a form of order that the trial judge can use to decide the motion.
If it will take you longer than 15 days to prepare a motion to correct/add to the transcript, you may file in the appellate court, a Motion for Extension of Time to Prepare a Motion to Correct/Add to the Transcript, requesting additional time to file the motion to correct/add to the transcript in the trial court.
If a party files a motion to correct/add to the transcript, the appellate court will hold the appeal in abeyance until after the trial court rules on the motion. If the trial court grants the motion to correct/add to the transcript, the trial court will state the amount of time the transcriber will have to prepare, serve, and file the corrected transcript.
ORS 19.250(1)(e) and (f), ORS 19.250(2), ORS 19.365, ORS 19.370, ORS 19.375 and 21.345, ORS 19.380, and ORS 19.395; Oregon Rules of Appellate Procedure (ORAP) 3.05, ORAP 3.10, ORAP 3.30, ORAP 3.33, ORAP 3.35, and ORAP 3.40.
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