If a justice court has become a court of record under ORS 51.025: An appeal in a proceeding involving a violation shall be taken to the Court of Appeals as provided in ORS 138.057. An appeal in a proceeding involving a misdemeanor shall be taken to the Court of Appeals as provided in ORS 138.010 to 138.310 for appeals from a circuit court. An appeal in a …

55.155 Definition for ORS 55.160 to 55.335

As used in ORS 55.160 to 55.335, “matter” means: On appeal from a judgment of conviction and sentence, the entire case; or On appeal from a pretrial order or order entered after trial, or an amended or corrected judgment, the order or judgment from which the appeal is taken and any issue, factual or legal, necessary to decide the appeal.

55.160 Time within which appeal must be taken

Except as provided in subsection (2) of this section, a notice of appeal must be filed and served within 30 days of the date of entry in the justice court docket of the judgment or order being appealed. If, in a case involving a misdemeanor or a violation, a motion for a new trial or motion in arrest of judgment is timely served and filed, a notice of appea…

55.165 Contents of notice of appeal

The notice of appeal must contain: The title of the cause in the justice court. The party appealing is known as the appellant and the adverse party as the respondent, but the title of the action is otherwise unchanged. The name of each party and the party’s attorney, if the party is represented by an attorney. A notice to each party that appeared in the a…

55.170 Filing and serving notice of appeal

The appellant shall: File written notice of appeal with the justice court from which the appeal is taken with proof of service of a copy on the adverse party, or an acknowledgment of service signed by the adverse party; and Serve a copy of the notice of appeal on the adverse party or, if the adverse party is represented by an attorney, the party’s attorney…

55.175 Filing fee; fee waiver or deferral

On appeal from a justice court to the circuit court in a civil action, or in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 or 21.160 when filing a notice of appeal or other first appearance in the appellate proceeding. The appellant shall either tender payment of the circuit…

55.180 Jurisdiction of matter and to decide appeal

The circuit court has jurisdiction to exercise judicial authority in the matter upon the filing of the notice of appeal. Timely filing of the notice of appeal and timely service on the adverse party is jurisdictional, and except as otherwise provided in this section, neither the justice court nor the circuit court may waive or extend the time limits for fil…

55.185 Submission of record

The justice court shall submit the case record described in ORS 51.115 to the circuit court immediately and no later than 30 days after the date the notice of appeal was filed, or no later than 10 days if the defendant is in custody. The circuit court by order may extend the time for the justice court to submit the case record. If the justice court and the…

55.190 Proceedings in circuit court and standard of review generally

The circuit court may dismiss an appeal that is not properly taken or perfected, including the failure to include a claim in the notice of appeal if required by ORS 55.165 (1)(i), except that the circuit court may not dismiss an appeal because the justice court has failed to submit the justice court case record to the circuit court. The circuit court shall …

55.195 Rendering judgment; remand; notice to justice court

The circuit court shall render a judgment, as defined in ORS 18.005, conclusively disposing of the appeal. Except as otherwise provided in ORS 55.160 to 55.335: If the circuit court determines that any of the terms of the justice court judgment should be reversed or modified, the circuit court shall render a judgment as if the case had been originally comm…

55.200 Availability of writ of review

The right of a party in a justice court to appeal under ORS 55.160 to 55.335 may not be construed to prevent any party from seeking review in the circuit court under ORS 34.010 to 34.100 for errors in law appearing on the face of the judgment entered by the justice court or the proceedings connected therewith or, in a proceeding charging a violation or misde…

55.250 Appeal and cross-appeal by defendant

In a proceeding involving a violation or misdemeanor, a defendant may appeal from: A judgment convicting the defendant of one or more charges and imposing sentence, regardless of the type of sentence imposed. A judgment ordering payment of restitution but not specifying the amount of restitution, or a supplemental judgment awarding restitution. A judgment…

55.255 Appeal by state or county

In a proceeding involving a violation or misdemeanor, the prosecution may appeal from: An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument. An order allowing a demurrer. An order made prior to trial suppressing evidence. An order made prior to trial for the return or restoration of things seized. An o…

55.260 Proceedings in circuit court

On appeal of a matter in a case charging a violation or misdemeanor, the circuit court shall try the matter pursuant to the statutes that prescribe the procedure for trial of violations or misdemeanors, respectively, in the circuit court, except that the prosecution may be handled by an attorney provided by the county or other political subdivision of the st…

55.265 Scope of review in general of order or judgment other than judgment of conviction and sentence

On appeal by the defendant or the prosecution of an order or judgment other than the judgment of conviction and sentence, except as otherwise specified by law, the circuit court may review only the order or judgment from which the appeal is taken and any issue necessary to decide the appeal, but may receive and consider evidence as necessary to decide the ma…

55.270 Scope of review in specific cases

On appeal by a defendant of any conviction based on a plea of guilty or no contest, the circuit court shall treat the plea as though it was entered in and accepted by the circuit court. If the defendant has included a claim of legal error in the notice of appeal as required by ORS 55.165 (1)(i), the circuit court shall sentence the defendant anew without det…

55.275 Rendering judgment; remand to justice court

On appeal by the defendant of a judgment under ORS 55.250 (1)(a) or (d) involving a misdemeanor, after the circuit court has decided the appeal, and notwithstanding whether the circuit court affirms, reverses or modifies any term of the justice court judgment, the circuit court shall render a judgment as provided in ORS 55.195 (2)(a). On appeal by the defen…

55.280 Stay of enforcement of judgment

A defendant filing notice of appeal from a judgment of conviction and sentence of a misdemeanor described in this subsection does not stay enforcement of the judgment unless the defendant: If sentenced to confinement, executes a release agreement or makes a security release deposit as provided in ORS 135.230 to 135.290; or On conviction of a traffic crime …

55.285 Appeal from circuit court

Upon entry by the circuit court of an order or judgment: In a matter involving a violation, the order or judgment may be appealed as provided in ORS 138.057. In a matter involving a misdemeanor, the order or judgment may be appealed as provided in ORS 138.010 to 138.310. In any case in which only a violation or violations are charged, the state may not ap…

55.300 Who may appeal

Any party to a judgment in a civil action in a justice court, other than a judgment by confession or for want of an answer, may appeal from the judgment when: The sum in controversy is $100 or more, or the action is for the recovery of personal property of the value of $100 or more, exclusive of disbursements in either case; or When the action is for the r…

55.305 Undertaking for costs and disbursements and stay of proceedings

As used in ORS 55.160 to 55.335, “undertaking” means a written promise signed by an appellant to take an action, in connection with an appeal from the justice court to the circuit court, that is supported by a bond, one or more sureties or a deposit of money with the justice court. A surety for an undertaking on appeal must have the qualifications establish…

55.310 Stay of proceedings without undertaking

If the judgment from which the appeal is taken is in favor of the appellant, the proceedings on the judgment are stayed by the filing of the notice of appeal and the undertaking for the costs of the appeal.

55.315 Recall of execution when stay granted

If enforcement of a judgment is stayed under ORS 55.305 (3) or 55.310 and execution has been issued to enforce the judgment, on motion of the party against whom judgment was rendered, the justice court shall recall the execution by written notice to the officer holding the execution. Upon recall, the execution must be returned, and all property taken pursuan…

55.320 Enforcement of judgment in contract action

When a judgment has been given for money in an action upon a contract to pay money, notwithstanding an appeal and undertaking for the stay of proceedings, the respondent may enforce the judgment if, within five days from the date the notice of appeal is filed, the respondent files with the justice court an undertaking, with one or more sureties, to the effec…

55.325 Appeals from actions for recovery of real property

On appeal from a judgment conclusively determining an action for the recovery of real property, notwithstanding ORS 55.185, the justice court shall forward the notice of appeal and the case record to the circuit court within 10 days of the date the appellant files the notice of appeal with the justice court. Notwithstanding ORS 105.137, the circuit court sh…

55.330 Judgment on dismissal or after trial; judgment against sureties

If the circuit court dismisses an appeal, the court shall render judgment as provided in ORS 55.195, which shall include judgment against the appellant for the costs and disbursements of the appeal. When judgment is given in the circuit court against the appellant, either with or without trial of the action, the judgment must also be given against the sureti…

55.335 Appeal from circuit court

Upon entry by the circuit court of an order or judgment in the matter, the judgment may be appealed as provided in ORS chapter 19 except as otherwise provided by law. _______________