Rule 12.07 - EXPEDITED APPEAL OF CERTAIN PRETRIAL ORDERS IN CRIMINAL CASES(1) On appeal under ORS 138.045(2) from a pretrial order dismissing or setting aside the accusatory instrument or suppressing evidence, when a defendant is charged with murder or aggravated murder and is in custody: (a) The case caption of any brief, motion, petition, or other paper filed with the court shall include the words "EXPEDITED APPEAL UNDER ORS 138.045(2)."(b) Appellant's opening brief shall be due 28 days after the transcript settles. Failure to file the opening brief within the prescribed time will result in automatic dismissal of the appeal.(c) Respondent's answering brief shall be due 28 days after appellant's opening brief is served and filed. If respondent fails to file a brief within the prescribed time, the appeal will be submitted on appellant's opening brief and oral argument, and respondent will not be allowed to argue the case.(d) Appellant's reply brief, if any, shall be due 14 days after respondent's answering brief is served and filed.(e) If respondent has filed a cross-appeal, respondent's opening brief on cross-appeal is due when appellant's opening brief is due, and appellant's answering brief on cross appeal is due when respondent's answering brief is due. Any reply brief on cross appeal is due when appellant's reply brief is due.(2) On a petition for review of a decision of the Court of Appeals in an appeal under ORS 138.045(1)(a) or (d) from a pretrial order dismissing or setting aside the accusatory instrument or suppressing evidence, when a defendant is charged with a felony and is in custody: (a) The case caption of any brief, motion, petition, or other paper filed with the court shall include the words "EXPEDITED REVIEW UNDER ORS 138.045(1)."(b) If the petitioner on review gives notice of intent to file a brief on the merits and fails to file a brief within the time prescribed by ORAP 9.17, the review, if allowed, will be submitted to the court on the petitioner's petition for review, the response to the petition for review (if any), the brief on the merits filed by respondent (if any), the parties' briefs in the Court of Appeals, and oral argument.(3) In all cases subject to this rule: (a) Absent extraordinary circumstances, the court will not grant an extension of time or reschedule oral argument.(b) A motion made before oral argument will not toll the time for transmitting the record, filing briefs, or hearing oral argument. Amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021; amended January 4, 2022, effective 1/28/2022; amended November 21, 2022, effective 1/1/2023.