(1) On joint motion of the parties to any appeal, a department of the Court of Appeals may decide the merits of an appeal by unpublished order if the department determines;
(a) The appeal does not present a substantial question of law;
(b) All parties to the appeal agree both on the correct resolution of all questions raised on appeal and on the appropriate disposition of the appeal; and
(c) A published opinion would not significantly benefit the bench, the bar, or the public.
(2) Parties seeking relief based on the assertion that the appeal does not present a substantial question of law must include a sufficient statement of facts of the case to show that all of the questions raised on appeal are grounded in those facts.
(3) Parties are discouraged from moving for relief under this subsection when resolution of the merits of the appeal would require the appellate court to try the cause anew upon the record or to make one or more factual findings anew upon the record. The Court of Appeals will exercise its discretion to grant relief under this subsection in such cases only in exceptional circumstances.1
- See also ORS 138.227, ORS 138.665, and ORS 419A.209, pertaining, respectively, to criminal, post-conviction relief, and juvenile court cases, and authorizing the filing of a joint motion to vacate the trial court decision being appealed and to remand for reconsideration. Under ORS 2.570(6), such motions may be decided by order. ↩︎
