Rule 3.07 - INSPECTION OF CONFIDENTIAL AND SEALED MATERIALS, INCLUDING PRESENTENCE REPORTS IN CRIMINAL APPEALS(1) If a trial court determines that the whole or a part of the trial court file or exhibits to be transmitted to the appellate court is not subject to inspection by one or more parties, by the attorney for any party, or by the public, and if the trial court is delivering the trial court file in paper form, the trial court shall place such material in a separate, sealed envelope labeled as follows: (a) If the trial court determines that the material be subject to inspection only by the parties or their attorneys, the trial court shall mark "confidential" on the envelope. (b) If the trial court determines that the material not be subject to inspection by anyone, including any party or any party's attorney, the trial court shall mark "sealed" on the envelope.(2)(a) In a criminal case, the presentence report is part of the record on appeal.(b) After the notice of appeal is filed, upon request of counsel for either defendant or the state, the trial court shall cause a copy of the presentence report to be delivered forthwith to counsel, except that, if, pursuant to ORS 137.079, the trial court has excepted from disclosure any part of the presentence report, the trial court shall forward to counsel only those parts of the presentence report not excepted from disclosure, with an indication that other matter has been excepted from disclosure.(c) When the appellate court requests the trial court to forward the trial court record, the trial court shall include the presentence report in a separate, sealed envelope marked "confidential."(d) Any material excepted from disclosure under ORS 137.079 shall be placed in an envelope marked "sealed."(e) The presentence report is not a public record and is not subject to inspection or disclosure to a party, a party's attorney, or the public except as provided in subsection (3) of this rule.(3)(a) As to material other than a presentence report, upon request of a party or an attorney for a party, the Administrator shall permit the party or counsel to inspect material marked "confidential." (b) As to a presentence report, upon request of counsel for either the defendant or the state, the Administrator shall permit the party's attorney to inspect the presentence report or any part thereof marked "confidential."(4) The Administrator shall not permit any person to inspect "sealed" material, except on order of the trial or appellate court or pursuant to subsection (7) of this rule.(5) If the Administrator declines a person's request to permit inspection of confidential or sealed material, the person may file a motion with the appellate court seeking leave to inspect the material. The appellate court may decide the motion itself or remand the motion to the trial court for a ruling.(6) If the Administrator permits inspection of confidential or sealed material subject to restricted inspection under this rule, the Administrator shall note on the envelope the date of the inspection and the person who inspected the material.(7) A judge of the appellate court, the judge's legal and administrative staff, and the appellate court's legal and administrative staff may open and inspect any confidential or sealed material as necessary to process or decide a matter pending before the court. If the material is contained in an envelope, the person inspecting confidential or sealed material shall note on the envelope the person's name and the date of the inspection.(8) The provisions of this rule apply to the extent practicable and to the extent authorized by law to any material submitted to an appellate court when the appellate court determines that such material is not subject to inspection by a party, a party's attorney, or the public. The appellate court may designate material as not subject to inspection by a party, a party's attorney, or the public on its own motion or in response to a motion filed by any party.