IN THE COURT OF APPEALS OF THE STATE OF OREGON

ORDER ADOPTING TEMPORARY AMENDMENTS

Pursuant to ORAP 1.10(2), the Supreme Court and Court of Appeals may, from time to time, adopt temporary amendments to the Oregon Rules of Appellate Procedure.� The Supreme Court and Court of Appeals by this order adopt temporary amendments to Oregon Rule of Appellate Procedure 10.25.� The amendments are set out below with additions indicated in boldface and deletions indicated in strikeout.� The amendments adopted by this order are effective on January 1, 2009, and shall expire on December 31, 2010, if not previously adopted as permanent amendments.

Rule 10.25

EXPEDITED APPEAL OF PRETRIAL ORDER IN CRIMINAL CASE

(1)������ When a defendant is charged with a felony and is in custody pending an On appeal by the state under ORS 138.060(2)(1)(a) or (c) from an order made before trial in a criminal case dismissing or setting aside the accusatory instrument or suppressing evidence:

(a)������ The case caption of any brief, motion, petition, or other paper filed with the court shall include the words "EXPEDITED APPEAL UNDER ORS _____" and identifying the statute authorizing the expedited appeal.

(b)������ Appellant's brief shall be due 35 days after the record settles. Failure to file the opening brief within the prescribed time will result in automatic dismissal of the appeal.

(c)������ Respondent's brief shall be due 35 days after appellant's brief is served and filed. If respondent fails to file a brief within the prescribed time, the appeal will be submitted on appellant's brief and oral argument, and respondent will not be allowed to argue the case.

DATED this 30th day of December, 2008.

David V. Brewer,
Chief Judge