Rule 3.40 - ADDITION TO OR CORRECTION OF TRANSCRIPT(1)(a) When multiple parts of the oral record have been designated as part of the record on appeal or if more than one court reporter or transcriber is preparing the transcript, the transcript is not deemed prepared until the last part of the transcript due on appeal is prepared. (b) A party desiring to correct or add to the transcript shall file a motion in the trial court within 15 days after either the date that the certificate of preparation of the transcript is filed with the Administrator or the date that any order holding the appeal in abeyance for the appellate settlement program expires. The party must serve a copy of the motion on the Administrator, the transcript coordinator, and the court reporter or transcriber. An authorized user of the trial court electronic filing system may serve a copy of the motion on the transcript coordinator by using the "Courtesy Copies" email function of that system. The email address for each judicial district's transcript coordinator is available on the Oregon Judicial Department's website.(c) The party must submit a proposed order relating to the motion to correct or add to the transcript that includes: (i) If the motion is granted, a date by which the corrected or additional transcript must be prepared.(ii) If the motion is denied, a statement that the transcript is settled.(2) The Administrator will hold the appeal in abeyance pending the trial court's disposition of the motion and the occurrence of one of the events specified in paragraphs (5)(b) or (c) of this rule.(3) After the filing of a timely motion to correct or add to the transcript, the trial court shall have the authority to grant an extension of time for making the corrections or additions to the transcript.(4)(a) If the trial court allows a motion to correct the transcript, after the filing of the corrected transcript, the appeal will remain in abeyance until the Administrator gives notice to the parties that the transcript has been settled as provided in paragraph (5)(b) of this rule. (b) If the trial court allows a motion to add to the transcript, the appeal will remain in abeyance for a period of 15 days after the filing of the additional transcript. If a motion to correct the additional transcript is filed timely, the appeal will continue in abeyance pending disposition of the motion to correct and notice by the Administrator that the transcript has been settled as provided in paragraph (5)(b) of this rule.(c) If the trial court denies the motion, the appeal will be reactivated as provided in paragraph (5)(c) of this rule.(5)(a) If no motion to correct or add to the transcript is filed, the transcript shall be deemed settled 15 days after the certificate of preparation of the transcript is served,and the period for filing the appellant's opening brief shall begin the next day. (b) If a motion to correct or add to the transcript is filed and granted, the period for filing the appellant's opening brief shall begin the day after the Administrator gives notice that the transcript has been settled.(c) If a motion to correct or add to the transcript is filed and denied, the period for filing the appellant's opening brief shall begin the day after entry by the trial court administrator of the order settling the transcript. See generally ORS 19.370(5) to (7).
Amended on an interim basis by Order dated November 21, 2016 effective1/1/2017, and expiring on December 31, 2018, if not previously adopted as permanent amendments; amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021.