Usa Oregon

USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 53 Appeals in Civil Actions
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 therefrom when the sum in
controversy is not less than $30, or when the action is for the recovery
of personal property of the value of not less than $30, exclusive of
disbursements in either case, also when the action is for the recovery of
the possession of real property under ORS 105.110. [Amended by 1977 c.365
§4; 1977 c.416 §4] An
appeal is taken to the circuit court for the county wherein the judgment
is given. The party appealing is known as the appellant and the adverse
party as the respondent, but the title of the action is not thereby
changed. [Amended by 1985 c.342 §8; 1995 c.658 §64]An appeal is taken by serving, within 30 days after
rendition of judgment, a written notice thereof on the adverse party, or
the attorney of the adverse party, and filing the original with the proof
of service indorsed thereon with the justice, and by giving the
undertaking for the costs and disbursements on the appeal, as provided in
ORS 53.040. A written acknowledgment of service by the respondent or the
attorney of the respondent, indorsed on the notice of appeal, shall be
sufficient proof of service. When the notice of appeal has been served
and filed, the appellate court shall have jurisdiction of the cause.
[Amended by 1973 c.477 §1]The undertaking of the appellant must be given with
one or more sureties, to the effect that the appellant will pay all costs
and disbursements that may be awarded against the appellant on the
appeal. The undertaking does not stay the proceedings unless the
undertaking further provides that the appellant will satisfy any judgment
that may be given against the appellant in the appellate court on the
appeal. The undertaking must be filed with the justice within five days
after the notice of appeal is given or filed. The justice may waive,
reduce or limit the undertaking upon a showing of good cause, including
indigency, and on such terms as shall be just and equitable. The justice
or the appellate court may waive a failure to file the undertaking within
the time required upon a showing of good cause for that failure. [Amended
by 1983 c.673 §12] If the judgment
appealed from is in favor of the appellant, the proceedings thereon are
stayed by the notice of appeal and the undertaking for the costs of the
appeal.
When an appeal is taken, the justice must allow the same and make an
entry thereof in the docket of the justice, stating whether the
proceedings are thereby stayed or not. When the proceedings are stayed,
if an execution has been issued to enforce judgment, the justice must
recall the execution by written notice to the officer holding it.
Thereupon it must be returned and all property taken thereon and not sold
released. [Amended by 1981 c.898 §43] All sureties on an undertaking on
appeal must have the qualifications established by ORCP 82. Challenges to
the qualifications of sureties may be made as provided by ORCP 82.
[Amended by 1997 c.71 §17]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 allowance of the
appeal the respondent files with the justice an undertaking, with one or
more sureties, to the effect that if the judgment is changed or modified
on the appeal the respondent will make such restitution as the appellate
court may direct. This undertaking must be taken by the justice on not
less than two days’ notice to the other party.
Within 30 days next following the allowance of the appeal, the appellant
must cause to be filed with the clerk of the appellate court a transcript
of the cause. The transcript must contain a copy of all the material
entries in the justice docket relating to the cause or the appeal, and
must have annexed thereto all the original papers relating to the cause
or the appeal and filed with the justice. Upon the filing of the
transcript with the clerk of the appellate court, the appeal is
perfected. Thenceforth the action shall be deemed pending and for trial
therein as if originally commenced in such court, and the court shall
have jurisdiction of the cause and shall proceed to hear, determine and
try it anew, disregarding any irregularity or imperfection in matters of
form which may have occurred in the proceedings in the justice court. If
the transcript and papers are not filed with the clerk of the appellate
court within the time provided, the appellate court, or the judge
thereof, may by order extend the time for filing the same upon such terms
as the court or judge may deem just. However, such order shall be made
within the time allowed to file the transcript. [Amended by 1985 c.342 §9] The appellate
court may, in furtherance of justice and upon such terms as may be just,
allow the pleadings in the action to be amended so as not to change
substantially the issue tried in the justice court or to introduce any
new cause of action or defense.The appellate court may dismiss an appeal from
a justice court if it is not properly taken and perfected. When an appeal
is dismissed the appellate court must give judgment as it was given in
the court below, and against the appellant for the costs and
disbursements of the appeal. When judgment is given in the appellate
court against the appellant, either with or without the trial of the
action, it must also be given against the sureties in the undertaking of
the appellant, according to its nature and effect.An appeal cannot be dismissed on the motion of the respondent on
account of the undertaking therefor being defective, if the appellant
before the determination of the motion to dismiss will execute a
sufficient undertaking and file it in the appellate court, upon such
terms as may be deemed just. The appellate court
may give a final judgment in the cause, to be enforced as a judgment of
such court; or the appellate court may give such other judgment or order
as may be proper, and direct that the cause be remitted to the court
below for further proceedings in accordance with the decision of the
appellate court. [1959 c.558 §47; 1981 c.178 §4]No provision of ORS 53.010 to
53.125, in relation to appeals or the right of appeal in civil cases,
shall be construed to prevent either party to a judgment given in a
justice court from having it reviewed in the circuit court for errors in
law appearing upon the face of the judgment or the proceedings connected
therewith, as provided in ORS 34.010 to 34.100.

USA Statutes : oregon