ORS 221.383 Circuit court proceedings; standard of review; amended pleadings

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 221.371 (1)(i), except that the circuit court may not dismiss an appeal because the municipal court has failed to submit the municipal court case record to the circuit court.

The circuit court shall not assess the merits of a claim made pursuant to ORS 221.371 (1)(i). If, in violation of this paragraph, the circuit court dismisses an appeal based on an assessment of such a claim, and notwithstanding ORS 138.035, the appellant may appeal the dismissal.

After the appeal is perfected, the matter shall be deemed pending for trial or hearing as if the case had been originally commenced in the circuit court. The circuit court shall proceed to hear and decide the matter anew, disregarding any irregularity or imperfection in matters of form that may have occurred in the municipal court.

The circuit court may, in furtherance of justice and upon such terms as may be just, allow a party to amend the party’s pleadings in the action, provided that the amendment does not substantially change the issue tried in the municipal court or introduce any new cause of action or defense.