Chapter 55 — Chapter 55

ORS 55.010 [Amended by 1955 c.44 §1; 1959 c.326 §2; repealed by 1963 c.404 §1 (55.011 enacted in lieu of 55.010)]

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ORS 55.011 [1963 c.404 §2 (enacted in lieu of 55.010); 1965 c.569 §2; 1973 c.625 §3; 1973 c.812 §7; 1975 c.346 §2a; 1975 c.592 §2; 1983 c.673 §6; 1985 c.367 §3; 1987 c.725 §3; 1989 c.583 §1; 1995 c.227 §4; 1997 c.801 §108; 1999 c.84 §5; 1999 c.673 §4; 2001 c.542 §6; 2007 c.125 §5; 2011 c.595 §53; renumbered 52.750 in 2025]

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ORS 55.020 [Amended by 1989 c.583 §2; 2021 c.411 §2; renumbered 52.755 in 2025]

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ORS 55.030 [Amended by 1977 c.875 §11; 1989 c.583 §3; 2021 c.411 §3; renumbered 52.760 in 2025]

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ORS 55.040 [Renumbered 52.765 in 2025]

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ORS 55.045 [1989 c.583 §5; 2025 c.197 §4; renumbered 52.770 in 2025]

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ORS 55.050 [Amended by 1965 c.619 §28; 1977 c.875 §12; 1981 s.s. c.3 §95; 1987 c.829 §2; repealed by 1989 c.583 §11]

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ORS 55.055 [1977 c.875 §21; renumbered 52.775 in 2025]

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ORS 55.060 [Amended by 1977 c.875 §13; repealed by 1989 c.583 §11]

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ORS 55.065 [1989 c.583 §6; 1995 c.227 §3; 2025 c.197 §2; renumbered 52.780 in 2025]

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ORS 55.070 [Amended by 1957 c.6 §1; 1965 c.619 §29; 1973 c.393 §3; 1977 c.875 §14; 1977 c.877 §14a; 1979 c.284 §87; repealed by 1989 c.583 §11]

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ORS 55.075 [1989 c.583 §8; renumbered 52.785 in 2025]

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ORS 55.077 [1989 c.583 §9; renumbered 52.790 in 2025]

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ORS 55.080 [Amended by 1971 c.179 §1; 1977 c.875 §15; renumbered 52.795 in 2025]

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ORS 55.090 [Amended by 1973 c.625 §4; 1987 c.158 §8; 1993 c.282 §3; 1997 c.808 §9; 2015 c.7 §4; 2017 c.268 §2; renumbered 52.800 in 2025]

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ORS 55.095 [1977 c.875 §22; 1981 s.s. c.3 §96; 1983 c.673 §8; 1985 c.367 §4; 1987 c.725 §4; 1987 c.829 §3; 1989 c.583 §7; 1995 c.658 §65; 1997 c.801 §109; 1999 c.84 §6; 2007 c.125 §6; 2011 c.595 §53a; renumbered 52.805 in 2025]

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ORS 55.100 [Amended by 1977 c.875 §16; renumbered 52.810 in 2025]

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ORS 55.110 [Amended by 1977 c.875 §17; 1985 c.342 §10; 1995 c.658 §66; 2025 c.268 §30a; renumbered 52.815 in 2025]

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ORS 55.120 [Amended by 1977 c.875 §18; 1985 c.342 §11; 2005 c.22 §38; repealed by 2025 c.268 §35]

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ORS 55.130 [Amended by 1965 c.619 §30; 1977 c.875 §19; 1987 c.829 §4; 1997 c.801 §134; 2015 c.623 §5; renumbered 52.825 in 2025]

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ORS 55.140 [Renumbered 52.830 in 2025]

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ORS 55.150 Court to which appeal is taken. (1) If a justice court has become a court of record under ORS 51.025

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ORS 55.155 Definition for ORS 55.160 to 55.335. As used in ORS 55.160 to 55.335, “matter” means

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ORS 55.160 Time within which appeal must be taken. (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 justice court docket of the judgment or order being appealed

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ORS 55.165 Contents of notice of appeal. (1) The notice of appeal must contain

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ORS 55.170 Filing and serving notice of appeal. (1) The appellant shall

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ORS 55.175 Filing fee; fee waiver or deferral. (1)(a) 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

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ORS 55.180 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 55.185 Submission of record. (1) 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

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ORS 55.190 Proceedings in circuit court and standard of review generally. (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 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

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ORS 55.195 Rendering judgment; remand; notice to justice court. (1) The circuit court shall render a judgment, as defined in ORS 18.005, conclusively disposing of the appeal

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ORS 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 misdemeanor, an interlocutory order involving the constitutionality of a statute. [2025 c.268 §15]

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ORS 55.250 Appeal and cross-appeal by defendant. (1) In a proceeding involving a violation or misdemeanor, a defendant may appeal from

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ORS 55.255 Appeal by state or county. (1) In a proceeding involving a violation or misdemeanor, the prosecution may appeal from

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ORS 55.260 Proceedings in circuit court. (1) 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 state that enacted the ordinance or adopted the provision of a charter the defendant was charged with or convicted of violating

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ORS 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 matter anew. [2025 c.268 §18a]

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ORS 55.270 Scope of review in specific 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 55.165 (1)(i), the circuit court shall sentence the defendant anew without determining whether the justice court erred

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ORS 55.275 Rendering judgment; remand to justice court. (1) 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)

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ORS 55.280 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 55.285 Appeal from circuit court. (1) Upon entry by the circuit court of an order or judgment

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ORS 55.300 Who may appeal. (1) 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

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ORS 55.305 Undertaking for costs and disbursements and stay of proceedings. (1)(a) 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

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ORS 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. [2025 c.268 §26]

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ORS 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 pursuant to the execution that has not been sold must be released. [2025 c.268 §27]

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ORS 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 effect that if the judgment is changed or modified on appeal, the respondent will make such restitution as the circuit court may direct. The undertaking must be filed with the justice court after at least two days’ notice to the other party. [2025 c.268 §28]

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ORS 55.325 Appeals from actions for recovery of real property. (1) 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

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ORS 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 sureties in the undertaking of the appellant, according to its nature and effect. [2025 c.268 §29]

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ORS 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. [2025 c.268 §30]

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