Title 221 · ORS Chapter 221

221.381. The circuit court shall rule upon the application, and may waive or defer payment of the filing fee required by ORS 21.135 for the reason and in the manner provided in ORS 21.680 to 21.698.

Citation: ORS 221.381

Section: 221.381

�� (2) When the state or any political subdivision of the state, or an officer, employee or agent thereof, appearing in a representative or other official capacity, is a party on appeal from a municipal court, payment of the filing fee required by ORS 21.135 is subject to ORS 20.140. [2025 c.268 �40a]

�� 221.378 Jurisdiction of matter and to decide appeal. (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, neither the municipal court nor the circuit court may waive or extend the time limits for filing or serving the notice of appeal described in ORS 221.374.

�� (3) Upon the timely filing of the notice of appeal, service of the adverse party and transfer of the case record to the circuit court, the appeal is deemed perfected.

�� (4) Notwithstanding subsections (2) and (3) of this section:

�� (a) It is not a jurisdictional defect if the appellant files the original notice of appeal with the circuit court, so long as the appellant timely served a copy of the notice of appeal on the municipal court.

�� (b) Timely service on an adverse party is not jurisdictional if proper service did not occur due to the appellant�s reliance upon an address provided by the municipal court under ORS 221.363, and the circuit court may extend the time for proper service.

�� (c) Timely service on the city attorney or the district attorney is not jurisdictional and the circuit court may extend the time for that service. [2025 c.268 �41]

�� 221.380 [Amended by 1975 c.227 �1; 1985 c.342 �18; 1995 c.658 �94; 1999 c.788 �52; repealed by 2025 c.268 �53]

�� 221.381 Submission of case record. (1) The municipal court shall submit the case record described in ORS 221.352 to the circuit court immediately and no later than 30 days after the date the notice of appeal was filed, or 10 days if the defendant is in custody.

�� (2) The circuit court by order may extend the time for the municipal court to submit the case record.

�� (3) If the municipal court and the circuit court agree, the municipal court may submit its case record, or make the case record available, to the circuit court in electronic form. If the circuit court does not agree to accept the municipal court record in electronic form, the municipal court shall submit a paper copy of the case record to the circuit court. [2025 c.268 �41a]

�� 221.383 Circuit court proceedings; standard of review; amended pleadings. (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 221.371 (1)(i), except that the circuit court may not dismiss an appeal because the municipal court has failed to submit the municipal court case record to the circuit court.

�� (b) The circuit court shall not assess the merits of a claim made pursuant to ORS 221.371 (1)(i). If, in violation of this paragraph, the circuit court dismisses an appeal based on an assessment of such a claim, and notwithstanding ORS 138.035, the appellant may appeal the dismissal.

�� (2) After the appeal is perfected, the matter shall be deemed pending for trial or hearing as if the case had been originally commenced in the circuit court. The circuit court shall proceed to hear and decide the matter anew, disregarding any irregularity or imperfection in matters of form that may have occurred in the municipal court.

�� (3) The circuit court may, in furtherance of justice and upon such terms as may be just, allow a party to amend the party�s pleadings in the action, provided that the amendment does not substantially change the issue tried in the municipal court or introduce any new cause of action or defense. [2025 c.268 �42]

�� 221.385 Rendering of judgment; remand; notice to municipal court; stays. (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 221.369 to 221.407:

�� (a) If the circuit court determines that any of the terms of the municipal court judgment should be reversed or modified, the circuit court shall render a judgment as if the case had been originally commenced in the circuit court, containing all the terms of the judgment and to be enforced as a judgment of the circuit court; or

�� (b) If the circuit court determines that none of the terms of the municipal court decision should be reversed or modified, the circuit court shall render a judgment affirming the decision and remanding the case to the municipal court for enforcement of the judgment.

�� (3) Notwithstanding subsection (2) of this section, in its discretion and for good cause, the circuit court may render such judgment as may be proper, which may include remanding the case to the municipal court for further proceedings in accordance with the decision of the circuit court.

�� (4) The trial court administrator of the circuit court shall provide a copy of the circuit court�s judgment to the municipal court:

�� (a) Within 40 days after the date of entry of the circuit court judgment, if no party appeals from the judgment; or

�� (b) Within 10 days after receipt of the appellate judgment issued by the appellate court resolving the appeal, if a party appeals the circuit court judgment.

�� (5) If enforcement of the municipal court�s judgment was stayed pending disposition of an appeal to circuit court, the stay is automatically vacated when the trial court administrator provides a copy of the circuit court judgment to the municipal court under subsection (4) of this section. [2025 c.268 �42a]

�� 221.387 Availability of writ of review. The right of a party in a municipal court to appeal under ORS 221.369 to