From an order declaring a charter or ordinance provision invalid, the city may appeal from the municipal court to the circuit court for the county in which the city has its legal situs and maintains its seat of city government; and, from such order by a circuit court, may appeal to the Court of Appeals, in the same manner as appeals are taken in criminal cases to such courts. Upon the order of the appellate court upon such issue the case shall be remanded with direction. If a city so appeals, pending the appellate decision thereon, the defendant shall be released, with or without bond, for reappearance at the discretion of the trial court, until such time as the case is remanded. [Amended by 1975 c.227 § 1; 1985 c.342 § 18; 1995 c.658 § 94; 1999 c.788 § 52]

Terms Used In Oregon Statutes 221.380

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

 

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