or 221.342, the appeal from a judgment involving a violation entered by

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 as follows:

����� (A) For a justice court, as provided in ORS 55.160 to 55.335; and

����� (B) For a municipal court, as provided in ORS 221.369 to 221.407.

����� (b) No undertaking shall be required of the party filing a notice of appeal under the provisions of this subsection.

����� (3)(a) 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.

����� (b) 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.

����� (c) 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.

����� (d) Notwithstanding any provision of ORS chapter 19, an undertaking on appeal is not required for an appeal from a judgment involving a violation.

����� (e)(A) The filing of a notice of an appeal from a judgment involving a violation does not act to automatically stay the judgment.

����� (B) Nothing in this paragraph is intended to affect the authority of the circuit court to stay enforcement of the judgment under ORS 19.350, 138.285 or 138.295 or any other authority.

����� (f) 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.

����� (g) 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 if the police officer was timely provided with notice of the trial date. [1993 c.379 �5; 1995 c.658 �79; 1997 c.389 �12; 1999 c.682 �11; 2005 c.266 �2; 2025 c.268 �33]

����� Note: 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.

����� 138.060 [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]

����� 138.065 Appeal from judgment or order deciding special statutory proceeding. A party may appeal a judgment or order deciding a special statutory proceeding as provided in ORS 19.205. [2017 c.529 �12]

����� 138.070 [Repealed by 1971 c.565 �20 (138.071 enacted in lieu of 138.070)]

(Notice of Appeal)

����� 138.071 Time within which appeal must be taken. (1) Except as provided in this section, a notice of appeal must be served and filed not later than 30 days after the judgment or order appealed from was entered in the register.

����� (2) If a motion for 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) A defendant cross-appealing shall serve and file the notice of cross-appeal within 10 days of the expiration of the time allowed in subsection (1) of this section.

����� (4)(a) When an appeal is pending and the trial court enters an amended, corrected or supplemental judgment, or an amended or corrected order that is appealable under ORS 138.035 or 138.045 or any other statutory provision:

����� (A) If the appellant intends to assign error to any part of the amended, corrected or supplemental judgment, or amended or corrected order that is appealable, the appellant shall file an amended notice of appeal from such judgment or order not later than 30 days after the appellant receives notice that such judgment or order has been entered.

����� (B) If the appellant does not intend to assign error to any part of the amended, corrected or supplemental judgment, or amended or corrected order that is appealable, the appellant need only file a notice of intent to proceed with the appeal not later than 30 days after the appellant receives notice that such judgment or order has been entered. The notice of intent to proceed is not jurisdictional.

����� (b) As used in this subsection, �appellant� means the attorney of record in the appellate court for the appellant or, if the appellant is not represented by an attorney, the appellant personally.

����� (5)(a) Upon motion of a defendant, the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits described in subsections (1) to (4) of this section if:

����� (A) The defendant, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the defendant personally; and

����� (B) The defendant shows a colorable claim of error in the proceeding from which the appeal is taken.

����� (b) A defendant is not entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 138.045 (1)(d).

����� (c) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section must be filed no later than 90 days after entry of the order or judgment being appealed. The request for leave to file a notice of appeal after the time limit prescribed in subsection (4) of this section must be filed no later than 90 days after the party receives notice that the order or judgment has been entered. A request for leave under this subsection must be accompanied by the notice of appeal, may be filed by mail and is deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260.

����� (d) The court may not grant relief under this subsection unless the state has notice and opportunity to respond to the defendant�s request for relief.

����� (e) The denial of a motion under paragraph (a) of this subsection is a bar to post-conviction relief under ORS 138.510 to 138.680 on the same ground, unless the court provides otherwise. [1971 c.565 �21 (enacted in lieu of 138.070); 1977 c.752 �3; 1985 c.282 �1; 1985 c.734 ��17,17a; 1987 c.852 �1; 2001 c.870 �7; 2003 c.288 �2; 2007 c.547 �2; 2009 c.11 �10; 2013 c.153 �2; 2017 c.529 �7]

����� 138.080 [Amended by 1959 c.558 �37; 1969 c.198 �65; 1971 c.193 �28; repealed by 1971 c.565 �22 (138.081 enacted in lieu of 138.080)]

����� 138.081 Service and filing of notice of appeal. (1) An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 to be served:

����� (a)(A) When the defendant appeals:

����� (i) On the district attorney for the county in which the judgment is entered, if the appeal is from a conviction for a misdemeanor or felony under state law;

����� (ii) On county counsel for the county in which the judgment is entered, if the appeal is from a conviction for a violation of a county ordinance constituting a misdemeanor; or

����� (iii) On the city attorney or other prosecutor, if the appeal is from a conviction for a misdemeanor defined by a city charter or ordinance; or

����� (B) When the state appeals, on the attorney of record for the defendant or, if the defendant has no attorney of record, on the defendant;

����� (b) On the trial court transcript coordinator, if applicable and if a transcript is required in connection with the appeal; and

����� (c) On the trial court administrator.

����� (2)(a) If the state cannot effect service on the defendant as provided in subsection (1)(a)(B) of this section, the trial court may order alternative service in accordance with ORCP 7 D(6) on proof of the state�s due diligence in attempting to effect service.

����� (b) Alternative service is not perfected until the time established by the court for response expires and the state files with the appellate court the affidavit or declaration of alternative service.

����� (3) The notice of appeal signed by the appellant, along with proof of service of the notice, must be filed with the administrator of the court to which the appeal is taken. Proof of service of the notice of appeal may either be part of, or accompany, the original notice when filed. [1971 c.565 �23 (enacted in lieu of 138.080); 1985 c.734 �18; 1997 c.389 �9; 2001 c.870 �8; 2017 c.529 �8; 2025 c.268 �34]

����� 138.083 [1989 c.790 �20; 1995 c.109 �1; 1997 c.389 �2; 2003 c.576 �165; 2007 c.547 �3; 2013 c.153 �1; repealed by 2017 c.529 �26]

����� 138.085 Content requirements for certain notices of appeal. (1) If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must:

����� (a) Include a statement that the defendant has reserved an issue for appeal under ORS