ORS 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 filing or serving the notice of appeal described in ORS 55.160.

Upon the timely filing of the notice of appeal, service on the adverse party and transfer of the case record to the circuit court, the appeal is deemed perfected.

Notwithstanding subsections (2) and (3) of this section:

It is not a jurisdictional defect if the appellant files the original notice of appeal with the circuit court, so long as the appellant timely served a copy of the notice of appeal on the justice court.

Timely service on an adverse party is not jurisdictional if proper service did not occur due to the appellant’s reliance upon an address provided by the justice court under ORS 51.107, and the circuit court may extend the time for proper service.

In a case charging a violation or a misdemeanor, timely service on the county attorney or the district attorney is not jurisdictional and the circuit court may extend the time for that service.