Rule 10.10 - CERTIFICATION OF APPEAL TO SUPREME COURT BY COURT OF APPEALS(1) Certification of an appeal to the Supreme Court pursuant to ORS 19.405 shall be through the Chief Judge by a majority of the judges of the Court of Appeals not disqualified to consider the appeal to be certified.(2) Written notice of certification shall be given to the parties to the appeal by the Administrator, but failure to give or receive the notice shall not affect the validity of the certification.(3) Certification shall have the same effect as a motion subject to ORAP 7.30, except that the Court of Appeals may consider any motion, petition or other matter presented by a party pending the acceptance or denial of acceptance of the certification, on a showing that the matter presented should be considered during the pendency of the certification.(4) If the Supreme Court denies acceptance of a certified appeal, or if the Supreme Court fails to accept or deny acceptance of a certified appeal within the time provided by ORS 19.405, the Administrator shall notify the Court of Appeals and the parties to the appeal in writing; the case shall thereafter proceed in due course in the Court of Appeals.(5) The Court of Appeals may not certify an appeal more than one time.(6) To accept a certified appeal, a majority of the judges of the Supreme Court considering the certification must vote in favor of acceptance. The court shall file an order accepting or denying the certification within 20 days after the date of receiving the certification, except that the court, by order entered within that 20-day period, may extend by not more than 10 days the time for acceptance or denial of the certified appeal. If the court does not file an order accepting or denying the certification within that time, the certification is deemed denied. If the court accepts or denies a certification by written order, the Administrator shall send a copy of the order to the parties and to the Court of Appeals.
(7) If the Supreme Court accepts a certified appeal, the Court of Appeals shall transmit the record of the case and the briefs of the parties to the Supreme Court, and the Supreme Court shall thereafter have jurisdiction of the case, and it shall be considered pending in the Supreme Court without additional notice of appeal, filing fee, undertaking or, except as the Supreme Court may require, briefs. The case shall then proceed in the Supreme Court as directed in its notification of acceptance. See ORS 250.044 regarding special provisions for certifying certain appeals arising from cases filed in Marion County Circuit Court challenging the constitutionality of a state statute or an amendment to the Oregon Constitution by a ballot measure.