Or. R. App. P. 9.07

As amended through January 17, 2024

Rule 9.07 - CRITERIA FOR GRANTING DISCRETIONARY REVIEW

The Supreme Court considers the items set out below to be relevant to the decision whether to grant discretionary review. These criteria are published to inform and assist the bar and the public. They are neither exclusive nor binding. The court retains the inherent authority to allow or deny any petition for review. A petition for review may refer to those items that are relevant to the case and need not address each listed item.

-FR-9-07-1 A party may include in an appendix to a petition for review materials in support of criteria under this rule that are not otherwise part of the record on appeal, such as materials demonstrating how the case may affect persons other than the parties to the immediate case or how the case is important to the public.

(1) Whether the case presents a significant issue of law. A significant issue of law may include, for example:

(a) The interpretation of a constitutional provision,

(b) The interpretation of a statute,

(c) The constitutionality of a statute,

(d) The legality of an important governmental action,

(e) The use or effect of a rule of trial court procedure,

(f) The jurisdiction of the Court of Appeals or the trial court, or

(g) The application or proposed modification of a principle of common law.

(2) Whether the issue or a similar issue arises often.

(3) Whether many people are affected by the decision in the case. Whether the consequence of the decision is important to the public, even if the issue may not arise often.

(4) Whether the legal issue is an issue of state law.

(5) Whether the issue is one of first impression for the Supreme Court.

(6) Whether the same or a related issue is pending before the Supreme Court.

(7) Whether the legal issue is properly preserved, and whether the case is free from factual disputes or procedural obstacles that might prevent the Supreme Court from reaching the legal issue.

(8) Whether the record does, in fact, present the desired issue.

(9) Whether present case law is inconsistent (among Court of Appeals cases, between Court of Appeals cases and Supreme Court cases, or among Supreme Court cases).

(10) Whether it appears that trial courts or administrative agencies are inconsistent or confused in ruling on the issue that the case presents.

(11) Whether the Court of Appeals published a written opinion.

(12) Whether the Court of Appeals was divided on the case.

(13) Whether the Court of Appeals decided the case en banc.

(14) Whether the Court of Appeals decision appears to be wrong. If the decision appears to be wrong:

(a) Whether the error results in a serious or irreversible injustice or in a distortion or misapplication of a legal principle.

(b) Whether the error can be corrected by another branch of government, such as by legislation or rulemaking.

(15) Whether the issues are well presented in the briefs.

(16) Whether an amicus curiae has appeared, or is available to advise the court.

Or. R. App. P. 9.07