221.349] ����� 221.355 Agreement between cities for judicial services. Any city may enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. A muni

221.349]

����� 221.355 Agreement between cities for judicial services. Any city may enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. A municipal judge providing services to another city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the other city and the judges thereof with respect to all and any violations of the charter or ordinances of the other city. Unless the agreement provides otherwise, and subject to the provisions of ORS 153.640 to 153.680, all fines, costs and forfeited security deposits collected shall be paid to the prosecuting city, and that city shall reimburse the city providing judicial services for expenses incurred under the agreement. The exercise of jurisdiction under such an agreement by a municipal judge shall not constitute the holding of more than one office. [Formerly 221.335; 2011 c.597 �129]

����� 221.357 Provision of judicial services to city by circuit court. (1) A city having a population of 300,000 or less may enter into an agreement with the State Court Administrator for the provision of judicial services by the circuit court for the county in which the city is located.

����� (2) A circuit court providing services to a city under an agreement entered into under subsection (1) of this section shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the city and the municipal court judges with respect to any violations of the charter or ordinances of the city.

����� (3) Unless an agreement entered into under subsection (1) of this section provides otherwise, and subject to the provisions of ORS 153.640 to 153.680, all fines, costs and forfeited security deposits collected shall be paid to the city, and the city shall reimburse the circuit court providing judicial services for expenses incurred under the agreement.

����� (4) The exercise of jurisdiction under an agreement entered into under subsection (1) of this section by a circuit court judge shall not constitute the holding of more than one office. [Formerly 221.337; 2011 c.597 �130]

����� Note: 221.357 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 221.358 Audio recording or reporting of municipal court proceedings. (1) In any proceeding conducted in open court in a municipal court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section.

����� (2) A reporter providing stenographic reporting services under this section must be certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally recognized certification program. A party arranging for reporting of the proceeding by stenographic means must provide the court with the name of the reporter and an address and telephone number where the reporter may be contacted.

����� (3) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section may be used by the parties during the proceeding.

����� (4) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section is the official record of the proceeding.

����� (5) Unless other parties agree to pay all or part of the cost of the audio recording or stenographic or other reporting of the proceeding, the party arranging for the recording or reporting must pay all costs of the recording or reporting. [2015 c.623 �11]

����� 221.359 [Formerly 221.350; 2003 c.687 �8; repealed by 2025 c.268 �53]

����� 221.360 [Amended by 1969 c.198 �78; 1985 c.342 �17; repealed by 2025 c.268 �53]

����� 221.361 Municipal court that has not become court of record; transfer to circuit court. (1) In any municipal court that has not become a court of record under ORS 221.342, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the county in which the municipal court is located. The election must be made within 10 days after the plea of not guilty is entered, and upon the election the municipal court shall immediately transfer the case to the circuit court.

����� (2)(a) In any municipal court that has not become a court of record under ORS 221.342, a defendant may not enter a conditional plea of guilty or no contest. However, after a ruling adverse to the defendant on any pretrial motion, the defendant, with the consent of the municipal court and the prosecutor, may have the case transferred to the circuit court for the county in which the municipal court is located, with the same effect as a transfer described in subsection (1) of this section. The request to transfer must be made within 10 days after entry of the order ruling on the motion and prior to any verdict or plea of guilty or no contest. Upon the request and with the consent of the municipal court and the prosecutor, the municipal court shall immediately transfer the case to the circuit court.

����� (b) In a case that is transferred under this subsection in which the defendant is charged with only a violation, the filing fee described in ORS 21.135 and the process described in ORS 221.376 (1)(b) and (c) apply.

����� (3) Upon transfer of the case to circuit court, the prosecutor and the defendant have the same right to appeal the circuit court�s orders or judgments of the case as if the case had been originally commenced in circuit court. [2025 c.268 �37]

APPEALS

����� 221.363 Adverse party contact information. (1) When entering a judgment in an action for a violation or a misdemeanor, a municipal court shall, by including a notification in the judgment document or by another effective manner, notify the defendant that the defendant may request the name and contact information of the government official or entity upon which service of a notice of appeal is required under ORS 221.374, with instruction on how to make such a request.

����� (2) Upon the defendant making a request described in this subsection, the municipal court shall provide the defendant with the name and contact information of the government official or entity upon which service of the notice of appeal is required. [2025 c.268 �37a]

����� 221.365 Definition of �matter.� As used in ORS 221.369 to 221.407, �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 taken and any issue, factual or legal, necessary to decide the appeal. [2025 c.268 �37b]

����� 221.367 Court to which appeal is taken. (1) If a municipal court has become a court of record under ORS 221.342:

����� (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 Appeals as provided in ORS 138.010 to 138.310 for appeals from a circuit court.

����� (2) If a municipal court has not become a court of record under ORS 221.342, an appeal shall be taken to the circuit court of the county in which the municipal court is located and in the manner provided in ORS 221.369 to 221.407. [2025 c.268 �38]

����� 221.369 Deadline for appeal. (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 municipal court docket of the judgment or order being appealed.

����� (2) If a motion for a new trial or motion in arrest of judgment is timely served and filed, a notice of appeal must be served and filed within 30 days from the earlier of the following dates:

����� (a) The date of entry of the order disposing of the motion; or

����� (b) The date on which the motion is deemed denied.

����� (3) The appeal is perfected upon submission of the case record described in ORS 221.352. [2025 c.268 �39]

����� 221.370 [Repealed by 2025 c.268 �53]

����� 221.371 Contents of notice of appeal; model notice of appeal form. (1) The notice of appeal must contain:

����� (a) The title of the cause in the municipal 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, if the party is represented by an attorney.

����� (c) A notice to each party that appeared in the action or proceeding, or to the party�s attorney if the party is represented, that an appeal is taken and designating the adverse parties to the appeal.

����� (d) Identification of the municipal court�s order or judgment from which the appeal is taken.

����� (e) If an appellant is not represented by an attorney, a postal address for the appellant and either an electronic mail address for the appellant, or a statement that the appellant does not have an electronic mail address or does not wish to receive correspondence via electronic mail.

����� (f) If the appellant is represented by an attorney, the postal address and electronic mail address for the attorney.

����� (g) The postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.

����� (h) The signature of the appellant or, if the appellant is represented by an attorney, the appellant�s attorney.

����� (i) If the appellant is appealing from a judgment of conviction based on a plea of guilty or no contest, a claim that the trial court failed to comply with requirements of law in imposing or failing to impose a sentence.

����� (2) The State Court Administrator shall create a model notice of appeal form that, when completed by the appellant, contains the information described in subsection (1) of this section. [2025 c.268 �39a]

����� 221.374 Filing and service of notice of appeal. (1) The appellant shall:

����� (a) File written notice of appeal with the municipal 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 adverse party or, if the adverse party is represented by an attorney, the party�s attorney.

����� (2) If the defendant is the appellant:

����� (a) The defendant shall serve the city attorney if the case has been brought in the city�s name and the defendant did not serve the city attorney under subsection (1) of this section.

����� (b) The defendant shall serve the district attorney if the case has been brought in the state�s name and the defendant did not serve the district attorney under subsection (1) of this section. [2025 c.268 �40]

����� 221.376 Filing fee. (1)(a) On appeal from a municipal court to the circuit court in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 when filing a notice of appeal or other first appearance in the appellate proceeding.

����� (b) The appellant shall either tender payment of the circuit court filing fee to the municipal court, or file an application to waive or defer the filing fee with the municipal court. The appellant may use the application described in ORS 21.685.

����� (c) The municipal court shall transmit the filing fee or application to waive or defer the filing fee to the circuit court of the county in which the municipal court is located at the time that the municipal court submits the case record as required in ORS