Chapter 221 — Chapter 221

ORS 221.337 [1995 c.532 §1; 1997 c.801 §150; 1999 c.1051 §266; renumbered 221.357 in 1999]

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ORS 221.339 Jurisdiction of municipal court; prosecutions by city attorney. (1) A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located

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ORS 221.340 [Amended by 1973 c.737 §1; 1987 c.687 §8; 1991 c.741 §13; renumbered 221.333 in 1999]

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ORS 221.342 Method by which municipal court becomes court of record. (1) Any municipal court may become a court of record by

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ORS 221.343 Method by which municipal court ceases to operate as court of record. (1) Any municipal court that has become a court of record under ORS 221.342 may cease to operate as a court of record only if the governing body of the city in which the court is located files a declaration with the Supreme Court identifying the date on which the municipal court will cease operation as a court of record. The date identified in the declaration may not be less than 31 days after the date the declaration is filed

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ORS 221.344 Registration of municipal court; effect of registration. (1) A judgment docketed by a municipal court may be enforced in the manner provided in ORS 221.346 and 221.351 if

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ORS 221.345 [Repealed by 1981 c.48 §8]

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ORS 221.346 Enforcement of judgments of municipal court. (1) Subject to the requirements of ORS 221.344, enforcement proceedings on a judgment docketed by a municipal court may include

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ORS 221.347 [1989 c.839 §35; repealed by 1993 c.735 §15]

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ORS 221.348 [1957 c.378 §1; 1999 c.788 §50; renumbered 221.353 in 1999]

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ORS 221.349 [1959 c.502 §§1,2,3; 1965 c.626 §1; 1971 c.633 §7; 1973 c.653 §1; 1987 c.766 §1; 1999 c.788 §51; 1999 c.1085 §7; renumbered 221.354 in 1999]

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ORS 221.350 [Amended by 1985 c.342 §16; 1989 c.123 §2; 1995 c.658 §93; 1999 c.682 §12; renumbered 221.359 in 1999]

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ORS 221.351 Liens based on municipal court judgment; recording judgment or lien; recording fee. (1) Subject to the requirements of ORS 221.344, a lien on real property of a judgment debtor may be acquired under a judgment docketed in a municipal court in the manner provided in this section. A lien on real property of a judgment debtor may be acquired under the provisions of this section only if

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ORS 221.352 Municipal court case record. (1) The case record of a municipal court consists of the docket as provided in subsection (2) of this section and the case file as provided in subsection (3) of this section

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ORS 221.353 Disqualification of municipal judge for prejudice. No judge of a municipal court having two or more judges shall hear to try any action, matter or proceeding if a party thereto or an attorney appearing therein moves the court for a change of judge on grounds of prejudice. The motion shall be supported by an affidavit stating that the judge before whom the action, matter or proceeding is pending is prejudiced against the party or attorney, and that the affiant or the client of the affiant cannot or believes that the affiant or the client of the affiant cannot have a fair and impartial trial or hearing before the judge, and that such motion is not filed for the purpose of delay. The motion shall be filed before the action, matter or proceeding is to be tried or heard. No party or attorney shall make more than one application in any action, matter or proceeding. [Formerly 221.348]

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ORS 221.354 Trial by jury in criminal cases. (1) In all prosecutions for any crime defined and made punishable by any city charter or ordinance the defendant shall have the right of trial by jury, of six in number. Juries shall be selected from the latest tax roll and registration books used at the last city election in the same manner in which juries are selected for circuit courts. The verdict of the jury shall be unanimous

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ORS 221.355 Agreement between cities for judicial services. Any city may enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. A municipal judge providing services to another city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the other city and the judges thereof with respect to all and any violations of the charter or ordinances of the other city. Unless the agreement provides otherwise, and subject to the provisions of ORS 153.640 to 153.680, all fines, costs and forfeited security deposits collected shall be paid to the prosecuting city, and that city shall reimburse the city providing judicial services for expenses incurred under the agreement. The exercise of jurisdiction under such an agreement by a municipal judge shall not constitute the holding of more than one office. [Formerly 221.335; 2011 c.597 §129]

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ORS 221.357 Provision of judicial services to city by circuit court. (1) A city having a population of 300,000 or less may enter into an agreement with the State Court Administrator for the provision of judicial services by the circuit court for the county in which the city is located

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ORS 221.358 Audio recording or reporting of municipal court proceedings. (1) In any proceeding conducted in open court in a municipal court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section

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ORS 221.359 [Formerly 221.350; 2003 c.687 §8; repealed by 2025 c.268 §53]

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ORS 221.360 [Amended by 1969 c.198 §78; 1985 c.342 §17; repealed by 2025 c.268 §53]

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ORS 221.361 Municipal court that has not become court of record; transfer to circuit court. (1) In any municipal court that has not become a court of record under ORS 221.342, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the county in which the municipal court is located. The election must be made within 10 days after the plea of not guilty is entered, and upon the election the municipal court shall immediately transfer the case to the circuit court

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ORS 221.363 Adverse party contact information. (1) When entering a judgment in an action for a violation or a misdemeanor, a municipal court shall, by including a notification in the judgment document or by another effective manner, notify the defendant that the defendant may request the name and contact information of the government official or entity upon which service of a notice of appeal is required under ORS 221.374, with instruction on how to make such a request

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ORS 221.365 Definition of “matter.” As used in ORS 221.369 to 221.407, “matter” means

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ORS 221.367 Court to which appeal is taken. (1) If a municipal court has become a court of record under ORS 221.342

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ORS 221.369 Deadline for appeal. (1) 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 municipal court docket of the judgment or order being appealed

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ORS 221.370 [Repealed by 2025 c.268 §53]

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ORS 221.371 Contents of notice of appeal; model notice of appeal form. (1) The notice of appeal must contain

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ORS 221.374 Filing and service of notice of appeal. (1) The appellant shall

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ORS 221.376 Filing fee. (1)(a) On appeal from a municipal court to the circuit court in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 when filing a notice of appeal or other first appearance in the appellate proceeding

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ORS 221.378 Jurisdiction of matter and to decide appeal. (1) The circuit court has jurisdiction to exercise judicial authority in the matter upon the filing of the notice of appeal

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ORS 221.380 [Amended by 1975 c.227 §1; 1985 c.342 §18; 1995 c.658 §94; 1999 c.788 §52; repealed by 2025 c.268 §53]

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ORS 221.381 Submission of case record. (1) The municipal court shall submit the case record described in ORS 221.352 to the circuit court immediately and no later than 30 days after the date the notice of appeal was filed, or 10 days if the defendant is in custody

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ORS 221.383 Circuit court proceedings; standard of review; amended pleadings. (1)(a) 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

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ORS 221.385 Rendering of judgment; remand; notice to municipal court; stays. (1) The circuit court shall render a judgment as defined in ORS 18.005 conclusively disposing of the appeal

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ORS 221.387 Availability of writ of review. The right of a party in a municipal court to appeal under ORS 221.369 to 221.407 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 municipal court or the proceedings connected therewith or, in a proceeding charging a violation or misdemeanor, an interlocutory order involving the constitutionality of a statute. [2025 c.268 §43]

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ORS 221.389 Appeal and cross-appeal by defendant; cases involving constitutionality of charter provision or ordinance. (1) Except as provided in subsection (6) of this section, in a proceeding involving a violation or misdemeanor, a defendant may appeal from

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ORS 221.390 [Amended by 1985 c.342 §19; repealed by 2025 c.268 §53]

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ORS 221.392 Appeal by state or city. (1)(a) The state or a city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by state law, in which event the appeal is in the name of the state

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ORS 221.394 Circuit court proceedings in case charging violation or misdemeanor. Except as provided in ORS 221.405

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ORS 221.396 Scope of review 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 matter anew. [2025 c.268 §45]

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ORS 221.398 Scope of review in certain cases. (1) 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 221.371 (1)(i), the circuit court shall sentence the defendant anew without determining whether the municipal court erred

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ORS 221.400 [Repealed by 1971 c.633 §8]

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ORS 221.402 Circuit court proceedings in certain appeals. (1) On appeal by the defendant of a judgment under ORS 221.389 (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 municipal court judgment, the circuit court shall render a judgment as provided in ORS 221.385 (2)(a)

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ORS 221.404 Stay of enforcement of judgment. (1) 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

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ORS 221.405 Validity of charter or ordinance provision determined before merits. (1) Whenever a defendant is charged with violating a provision of a city charter or ordinance and the defendant challenges the validity of the charter or ordinance provision, a municipal judge shall determine such issue and enter an order thereon before deciding the case on its merits

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ORS 221.407 Appeal from circuit court to Court of Appeals; limitations. (1)(a) The state or a city may appeal an order or judgment of the circuit court to the Court of Appeals

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ORS 221.410 Power of city to control local affairs; limitation of floating indebtedness. (1) Except as limited by express provision or necessary implication of general law, a city may take all action necessary or convenient for the government of its local affairs

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ORS 221.415 Municipal rights of way; use by electric utilities; power of city to regulate and impose charges. Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the Legislative Assembly intends by ORS 221.420, 221.450 and 261.305 and this section to reaffirm the authority of cities to regulate use of municipally owned rights of way and to impose charges upon publicly owned suppliers of electrical energy, as well as privately owned suppliers for the use of such rights of way. [1987 c.245 §1]

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ORS 221.417 [1989 c.484 §3; repealed by 1999 c.1093 §21]

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