Oregon Statutes 138.057 – Appeal from judgment involving violation
(1)(a) If a justice court or municipal court has become a court of record under ORS § 51.025 or 221.342, an appeal from a judgment involving a violation shall be as provided in ORS Chapter 19 for appeals from judgments entered by circuit courts, except that the standard of review is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony. If a justice court or municipal court has not become a court of record under ORS § 51.025 or 221.342, the appeal from a judgment involving a violation entered by the justice court or municipal court may be taken to the circuit court for the county in which the justice court or municipal court is located. An appeal to a circuit court must be taken in the manner provided in this subsection.
Terms Used In Oregon Statutes 138.057
- 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.
- 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.
(b) Within 30 days after the entry of the judgment by the justice court or municipal court, a party who wishes to appeal the decision must serve a copy of the notice of appeal on the adverse party and must file the original notice of appeal with the justice court or municipal court along with proof of service on the adverse party or an acknowledgment of service signed by the adverse party.
(c) If the appeal is made by the defendant from the decision of a municipal court, the copy of the notice of appeal must be served on the city attorney. If the appeal is made by the defendant from a decision in a justice court, the copy of the notice of appeal must be served on the district attorney for the county.
(d) No undertaking shall be required of the party filing a notice of appeal under the provisions of this subsection.
(e) Upon filing of the notice of appeal, the justice court or municipal court shall forward all files relating to the case to the circuit court to which the appeal is taken.
(f) The circuit court shall treat a matter appealed under this subsection as though the case had been originally filed with the circuit court and shall try the case anew, disregarding any irregularity or imperfection in the proceedings in the justice court or municipal court.
(g) Upon entry of a judgment in the matter, the judgment may be appealed as provided in subsection (2) of this section.
(2) Subject to the provisions of this subsection, an appeal from a judgment involving a violation entered by a circuit court may be taken as provided in ORS Chapter 19.
(a) For the purpose of meeting the requirements imposed by ORS § 19.240, the copy of the notice of appeal must be served on:
(A) The city attorney, if the appeal is made by the defendant from a decision initially made in a municipal court.
(B) The district attorney for the county, if the appeal is made by the defendant from a decision initially made in a justice court.
(b) Notwithstanding ORS § 19.270, timely service on the city attorney or district attorney under the provisions of this subsection is not jurisdictional and the Court of Appeals may extend the time for that service.
(c) Notwithstanding any provision of ORS Chapter 19, an undertaking on appeal is not required for an appeal from a judgment involving a violation.
(d) The filing of a notice of an appeal from a judgment involving a violation does not act to automatically stay the judgment.
(e) The standard of review for an appeal under this subsection is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony.
(3) In any case in which only violations are charged, the state may not appeal from an order dismissing the case that is entered by reason of a police officer’s failure to appear at the trial of the matter. [1993 c.379 § 5; 1995 c.658 § 79; 1997 c.389 § 12; 1999 c.682 § 11; 2005 c.266 § 2]
138.057 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
[Amended by 1963 c.385 § 1; 1969 c.198 § 64; 1969 c.529 § 1; 1971 c.644 § 1; 1973 c.836 § 276; 1977 c.752 § 2; 1989 c.790 § 21a; 1997 c.852 § 11; 1999 c.946 § 2; 2001 c.870 § 4; 2011 c.379 § 1; 2017 c.529 § 4; renumbered 138.045 in 2017]