OregonHB 24602025 Regular SessionHouseWALLET

Relating to local courts; and prescribing an effective date.

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Became Law

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 5 benefits, 2 costs, 9 mixed.

Appeals don't automatically pause penalties

Filing an appeal does not by itself stop a misdemeanor or violation judgment. To stay jail time on a misdemeanor, you must sign a release agreement or post a security deposit under ORS 135.230–135.290. For traffic crimes, you must post the security required by ORS 810.300–810.330. Violation appeals do not automatically stay enforcement. These rules apply beginning January 1, 2026.

Circuit court filing fees by claim

Filing in circuit court costs money. The fee is $170 if you claim $10,000 or less; $283 if over $10,000 and under $50,000; $594 if $50,000 to under $1,000,000; $884 if $1,000,000 to under $10,000,000; and $1,178 if $10,000,000 or more. Many civil appeals or transfers from justice court use these same fees. A general $281 fee applies to filings that start a case and to first appearances, unless a specific fee or exception applies. If you appeal to circuit court, you must pay the fee or ask for a waiver or deferral when you file.

Justice court civil case limits

Justice courts can handle civil cases for money or property up to $10,000. Bigger claims must go to circuit court. Some kinds of cases, like title to land, false imprisonment, libel, slander, malicious prosecution, and some actions by adults in custody, are not allowed in justice court.

Faster record transfers and final orders

The justice of the peace must keep records safe and public, and send them to the county circuit court if the justice court closes. After a notice of appeal, the justice court must submit the record right away and no later than 30 days (10 days if the defendant is in custody), unless the circuit court extends the time. The circuit court must issue a final judgment on the appeal, remand affirmed cases for enforcement, and share its judgment with the justice court within 40 days (or 10 days after an appellate judgment).

Small claims appeals, simple and final

Small‑claims appeals follow the new rules and must include security to pay any judgment and costs. The State Court Administrator provides a model notice of appeal form, and clerks must give it on request. The circuit court hears the case anew without a jury, and its decision is final.

Faster eviction and property appeals

In appeals to recover real property, the justice court must send the notice and record to circuit court within 10 days. The circuit court must set trial quickly: for nonpayment claims, between 15 and 30 days after the record arrives; for other claims, as soon as possible and no later than 15 days. These deadlines speed up housing disputes for renters and owners.

Court records and court-of-record rules

Courts must keep clear dockets and full case files, and may keep them electronically. A county or city can stop a justice or municipal court from being a court of record only by filing a notice with the Oregon Supreme Court at least 31 days before the stop date. The Supreme Court does not charge a fee and must acknowledge within 30 days. The law also updates and repeals older sections to match these record and appeal rules. Many of these rules start January 1, 2026.

When the new court rules start

Many parts of this law take effect on January 1, 2026. Courts and the Judicial Department may take steps before that date to prepare. The act itself takes effect 91 days after the 2025 session ends.

Circuit court judgments after an appeal

Beginning January 1, 2026, after it decides an appeal, the circuit court enters a new judgment and either keeps the case to try more issues or sends it back to the lower court, depending on the issue and requests. If either side asks after certain prosecution appeals, the circuit court must take the case, try it, and enter its judgment; for other listed prosecution appeals, it decides the issue and remands. If the prosecutor appeals a grant of relief and the circuit court decides relief should not be granted, the court vacates the municipal order and remands. Also starting January 1, 2026, prosecutors cannot appeal dismissals when a police officer with timely notice failed to appear in a violations‑only case.

Circuit court trials and sentencing on appeal

Beginning January 1, 2026, when you appeal a violation or misdemeanor, the circuit court tries the case under circuit‑court rules. If you pled guilty or no contest and claim legal error, the circuit court resentences you, and any sentencing deal from the lower court still binds both sides. The court may impose any sentence allowed by state law or local ordinance and must follow the violation‑sentencing rules in ORS 153.018–153.021. For some appeals, the circuit court reviews only the appealed order or issue but may take new evidence when needed.

Clear appeal rights in justice courts

The law lists what you can appeal from justice court, including convictions with sentence, some restitution and probation rulings, and (in violation cases) denials of relief from default. Prosecutors can appeal certain dismissals, demurrers, suppression, return of property, arrest of judgment, and new‑trial orders, but not a dismissal caused by an officer’s no‑show after timely notice. In a non‑record justice court, you can move a misdemeanor to circuit court within 10 days after a not‑guilty plea, or request transfer after an adverse pretrial ruling with consent within 10 days and before any verdict or plea. The court must give you, on request, the contact info needed to serve a notice of appeal; a conviction appeal covers the whole case, while other appeals cover only the order and issues needed to decide it, and the circuit court may take new evidence. You may still seek a writ of review for legal errors on the face of the record, and starting January 1, 2026, the state, cities, and defendants can appeal qualifying circuit‑court rulings in violation, misdemeanor, and traffic cases to the Court of Appeals.

How to appeal from justice court

You must file and serve your notice of appeal within 30 days of the judgment. The notice must list the case title, parties, what you are appealing, contact addresses, and your signature. If your conviction followed a plea, you must claim the court failed to follow sentencing law. You must serve the other side, and in misdemeanor or violation cases you must also serve the county or district attorney. The circuit court treats the appeal as perfected when the notice is on time and the record is sent, can extend time for some service problems, and cannot dismiss just because the justice court failed to send the record.

New municipal court appeal paths in 2026

Starting January 1, 2026, the law creates full transfer and appeal rules for municipal courts. In non‑record municipal courts, a defendant who pleads not guilty to a misdemeanor must be told about the right to move the case to circuit court and has 10 days to choose; after an adverse pretrial ruling, the defendant may seek transfer with consent within 10 days and before any verdict or plea. On request, the court must give the name and contact info needed to serve a notice of appeal. Cities and prosecutors can appeal a listed set of pretrial and post‑trial orders, and prosecutors may also appeal relief‑from‑default orders in violation cases. If a defendant challenges a city law’s validity, the judge decides that first; if the city keeps appealing that issue, the defendant is released while the appeal is pending, and local courts may adopt a rule (with the county presiding judge) to keep a vacated case in circuit court.

What justice courts handle in crimes

Justice courts can hear many local offenses that happen in their county. They cannot hear felonies or certain drug‑related misdemeanors. In nonrecord justice courts, defendants cannot enter conditional guilty or no‑contest pleas. Some named non‑felony offenses are clearly within justice‑court reach.

Where justice court appeals go

If the justice court is a court of record, appeals go to the Court of Appeals. If it is not, appeals go to the county circuit court. You can appeal civil judgments when the claim is $100 or more, or to recover possession of real property. Most disputes under $100, and some defaults, cannot be appealed. For small claims, appeals from nonrecord justice courts go to circuit court; record-court small claims are not appealed under these rules.

Appeal bonds and rent deposits

When you appeal, you may need to file an undertaking within five days to cover costs and, for money judgments, the amount likely to be affirmed; the other side can object within 14 days. Tenants who appeal a judgment for possession must deposit the fair market rent each month (unless they post bond or surety) to keep a stay; missing a payment lets the landlord enforce the judgment. If an execution was already issued and a stay is granted, the court must recall the execution and release any property not yet sold.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 150 • No: 2

House vote • 5/27/2025

House concurred in Senate amendments and repassed bill.

Yes: 55 • No: 1

Senate vote • 5/21/2025

Third reading. Carried by Prozanski. Passed.

Yes: 26 • No: 1

Senate vote • 5/8/2025

Judiciary: Heard and Reported Out with Amendments

Yes: 6 • No: 0

House vote • 3/18/2025

Third reading. Carried by Mannix. Passed.

Yes: 55 • No: 0

House vote • 3/10/2025