Title 6, Justice Courts

If the fine and costs, or any part thereof, are paid before commitment, they shall be paid to the justice. Thereafter they shall be paid to the officer in whose custody the defendant is at the time of the payment, which officer shall immediately pay the same to the justice. [Form…

(1) A justice court may assign a judgment in a criminal action, as described in ORS 137.118 (1) to (5), to the Collections Unit in the Department of Revenue for the following purposes: (a) To determine whether refunds or other sums are owed to the debtor by the department; and (b…

At any time before the commencement of the trial, the justice shall release the defendant under the procedures set forth in ORS 135.230 to 135.290. [Formerly 156.410]

If the defendant is not released from custody as provided in ORS 135.230 to 135.290 when brought before the justice upon the warrant of arrest, the defendant shall be continued in the custody of the officer or, if the court is held in the vicinity of the county jail, committed to…

The commitment shall be signed by the justice with the name of office of the justice and may be substantially as follows: ______________________________________________________________________________ JUSTICE COURT FOR THE DISTRICT OF ______ State of Oregon, County of ______ IN T…

When committed, the defendant shall be delivered to the custody of the proper officer by any peace officer to whom the justice may deliver the commitment, first indorsing thereon, substantially, as follows: “I hereby authorize and command E. F. to deliver this commitment, togethe…

jurisdiction of justice court. If in the course of the trial it appears to the justice that the defendant has committed a crime not within the jurisdiction of a justice court, the justice shall dismiss the action, state in the entry the reasons therefor, hold the defendant upon t…

The district attorney may prosecute an action and if requested by the court shall prosecute an action in a justice court and attend an examination before a magistrate, either in person or by someone appointed by the district attorney for that purpose, and in any case the district…

(1) Any money paid to the justice court upon a judgment in a criminal action shall first be applied to the costs of the action. The remainder shall be paid by the justice court to the treasurer of the county, to be appropriated as provided by law. (2) Money paid pursuant to subse…

Justice courts shall have concurrent jurisdiction over all offenses other than felonies committed under ORS 167.315 to 167.333 and 167.340. [Formerly 156.705] _______________

A trial jury is a body of persons, six in number in the justice courts, sworn to try and determine a question of fact and drawn according to the mode provided for in this chapter.

When a jury has been demanded by a party to an action in the justice court, and neither party requires that the jury be drawn from the jury list, the justice must make an order in writing, directed to the sheriff of the county, or to any constable of the district or to any marsha…

The officer serving the order for a jury must do so impartially by selecting only such persons as the officer knows, or has good reason to believe, are qualified according to law to serve as jurors in the court to which they are summoned and in the particular action for which the…

If a sufficient number of jurors does not appear at the time and place required, or if any of those appearing are peremptorily challenged, or upon a challenge for cause are found disqualified, the justice must order the proper officer to summon a sufficient number of other qualif…

A person competent to act as a juror in a justice court, in addition to the qualifications prescribed in ORS 10.030, must be an inhabitant of the district in which the court is being held at the time the person is summoned, and must have been an inhabitant of that district for th…

(1) The justice of the peace in each district shall, in January of each year, or in case of an omission or neglect so to do then as soon as possible thereafter, make a jury list for the district. (2) A preliminary jury list shall be made by selecting names of inhabitants of the d…

The jury list shall: (1) Contain the names of at least 50 persons, if there are that number of persons in the district who are qualified as provided in ORS 54.050. (2) Contain the first name, the surname and the place of residence of each person named therein. (3) Be certified by…

A justice of the peace not in office or attendance when a jury list is made must procure, and file in the office of the justice of the peace, a certified copy thereof.

Unless juries are drawn and selected from the jury list of the district by means of electronic equipment, the justice of the peace shall keep in the office of the justice a jury box. After the jury list is filed, the justice shall destroy all ballots remaining in the box and shal…

When a jury is demanded in a justice court, instead of being selected by the officers, as provided in ORS 54.020 to 54.040, the jury must be drawn and selected from the jury list of the district, if either party requires it.

When a jury is to be selected from the jury list of the district, the justice shall draw from the box in the presence of the parties, or select by means of electronic equipment, 12 ballots or names, or any greater number, if necessary, until the names of 12 persons, who are deeme…

If it appears to the justice that a person whose name is drawn is dead or resides out of the district, the ballot must be destroyed or the name deleted. If it appears to the justice, or the justice has good reason to believe, that a person whose name is drawn is temporarily absen…

When the drawing is completed, from the 12 names drawn the parties must select a jury by each striking from the list three names, alternately, commencing with the defendant. The remaining six must be summoned as jurors in the action.

The names of the six jurors so selected must be inserted in the order to summon a jury, and thereafter the proceedings in the summoning and formation of the jury must be conducted in the manner provided in ORS 54.020 to 54.040; but neither party is entitled to a peremptory challe…

A person duly summoned to attend a justice court as a juror may be punished by the justice of the peace as provided for contempt of court if: (1) The person fails to attend the justice court as required or fails to give a valid excuse for not attending; (2) The person fails to gi…

(1) If a justice court has become a court of record under ORS 51.025: (a) An appeal in a proceeding involving a violation shall be taken to the Court of Appeals as provided in ORS 138.057. (b) An appeal in a proceeding involving a misdemeanor shall be taken to the Court of Appeal…

As used in ORS 55.160 to 55.335, “matter” means: (1) On appeal from a judgment of conviction and sentence, the entire case; or (2) On appeal from a pretrial order or order entered after trial, or an amended or corrected judgment, the order or judgment from which the appeal is tak…

(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. (2) If, in a case involving a misdemeanor or a violation, a motion for a …

(1) The notice of appeal must contain: (a) The title of the cause in the justice court. The party appealing is known as the appellant and the adverse party as the respondent, but the title of the action is otherwise unchanged. (b) The name of each party and the party’s attorney, …

(1) The appellant shall: (a) File written notice of appeal with the justice court from which the appeal is taken with proof of service of a copy on the adverse party, or an acknowledgment of service signed by the adverse party; and (b) Serve a copy of the notice of appeal on the …

(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…

(1) The circuit court has jurisdiction to exercise judicial authority in the matter upon the filing of the notice of appeal. (2) Timely filing of the notice of appeal and timely service on the adverse party is jurisdictional, and except as otherwise provided in this section, neit…

(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. (2) The circuit court by order may extend …

(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 …

(1) The circuit court shall render a judgment, as defined in ORS 18.005, conclusively disposing of the appeal. (2) Except as otherwise provided in ORS 55.160 to 55.335: (a) If the circuit court determines that any of the terms of the justice court judgment should be reversed or m…

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 p…

(1) In a proceeding involving a violation or misdemeanor, a defendant may appeal from: (a) A judgment convicting the defendant of one or more charges and imposing sentence, regardless of the type of sentence imposed. (b) A judgment ordering payment of restitution but not specifyi…

(1) In a proceeding involving a violation or misdemeanor, the prosecution may appeal from: (a) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument. (b) An order allowing a demurrer. (c) An order made prior to trial suppressing …

(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 ha…

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…

(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 b…

(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 cou…

(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: (a) If sentenced to confinement, executes a release agreement or makes a security relea…

(1) Upon entry by the circuit court of an order or judgment: (a) In a matter involving a violation, the order or judgment may be appealed as provided in ORS 138.057. (b) In a matter involving a misdemeanor, the order or judgment may be appealed as provided in ORS 138.010 to 138.3…

(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: (a) The sum in controversy is $100 or more, or the action is for the recovery of personal property of the value of $1…