Case Reviews/Oregon Supreme Court, December 31, 2020

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NOTICE OF APPEAL - Timeliness and relation-back

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'''Summarized by Rankin Johnson, OCDLA'''

'''NOTICE OF APPEAL - Timeliness and relation-back'''

Ordinary first-class mail can be "calculated to to achieve delivery within three days" such that a notice of appeal is deemed filed on the date of mailing. Court of Appeals reversed.

A notice of appeal is timely if, by the due date, it is sent by “by a class of delivery calculated  to  achieve  delivery  within  three  calendar  days”  and the party filing notice has proof of the mailing or dispatch date. The Court of Appeals held that first-class mail does not qualify, because the Post Office expects to deliver first-class mail within three business days.

The Supreme Court held that first-class mail was a method calculated to achieve delivery within three calendar days if, as in this case, there were no nonbusiness days before the projected delivery date. 

The Supreme Court also held that the appellant could prove the filing date with a certification and reliance on the notations on the envelope and retained by the Post Office.

[https://link.ocdla.org/soll/S067066 State v. Chapman] 367 Or 388 (December 31, 2020) (Nakamoto) 

'''NOTICE OF APPEAL - Timeliness and relation-back'''

Ordinary first-class mail can be "calculated to to achieve delivery within three days" such that a notice of appeal is deemed filed on the date of mailing. Court of Appeals reversed.

A notice of appeal is timely if, by the due date, it is sent by “by a class of delivery calculated  to  achieve  delivery  within  three  calendar  days”  and the party filing notice has proof of the mailing or dispatch date. The Court of Appeals held that first-class mail does not qualify, because the Post Office expects to deliver first-class mail within three business days.

The Supreme Court held that first-class mail was a method calculated to achieve delivery within three calendar days if, as in this case, it was mailed from Portland on a Friday, in which case, according to official published estimates, it would arrive by the following Monday. 

[https://link.ocdla.org/soll/S067074 Gould v. Deschutes County] 367 Or 427 (December 31, 2020) (Nakamoto)
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