As amended through June 11, 2024
Rule 4.68 - CROSS-PETITIONS(1) On judicial review of a LUBA decision, an LCDC decision, or a referee decision:(a) A cross-petition for judicial review, if any, shall be served and filed within seven days after the filing of the petition for judicial review. (b) A cross-petitioner's opening brief and excerpt of record shall be served and filed within 14 days after the filing of petitioner's opening brief and may, if appropriate, be combined with the respondent's answering brief. If combined with the respondent's answering brief, a cross-petitioner's opening brief shall be served and filed within 21 days after the filing of the petitioner's opening brief.(c) A cross-respondent's answering brief shall be due seven days after the filing of the cross-petitioner's opening brief. Notwithstanding ORAP 1.35(1)(d) and (2)(b), a cross-respondent shall file and serve the cross-respondent's answering brief in such a manner as to cause actual receipt of the brief by the Administrator and by all other parties to the judicial review no later than one business day after the brief is due. If the cross-respondent fails to file an answering brief on cross-petition within the time allowed by this rule, the cross-petition will be submitted on cross-petitioner's brief and oral argument, and cross-respondent will not be allowed to argue issues raised by the cross-petition.(d) No reply brief on cross-petition shall be permitted.(2) On judicial review of a CRGC decision, the procedure for cross-petitions shall be the same as for judicial review of administrative proceedings, and briefing on cross-petitions shall be completed according to the deadlines set out in ORAP 5.80.Amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021.