State v. Chapman

ORS 19.260(1)(a)(B) provides that "the date of filing a notice appeal is the date of mailing or dispatch if the notice is mailed or dispatched by a class of delivery within three calendar days and the party filing notice has proof of the mailing or dispatch date."

Petitioner petitioned for review by the Oregon Supreme Court to consider whether first-class mail satisfies ORS 19.260(1)(a)(B). On appeal, Petitioner argued that the Court of Appeals erred in concluding that Petitioner’s notice of appeal was untimely when sent by first-class mail and received two days after the filing period. Petitioner asserted that her appeal sent by first-class mail was sufficient to satisfy ORS 19.260(1), which requires that notices be sent “by a class of delivery calculated to achieve delivery within three calendar days” and also that she had proof of the date which her notice was mailed. In response, the State argued that the term “calculated” meant a higher probability than “likely” and that there are add-on services for a party to purchase to provide proof of mailing date. ORS 19.260(1)(a)(B) provides that "the date of filing a notice appeal is the date of mailing or dispatch if the notice is mailed or dispatched by a class of delivery within three calendar days and the party filing notice has proof of the mailing or dispatch date." The Court found that ORS 19.260 refers to delivery services designed, but not guaranteed, to provide delivery within three calendar days. Thus, the Court held that Petitioner mailed her notice of appeal pursuant to ORS 19.260. Reversed and remanded.