2005 Oregon Code - Chapter 53 :: Chapter 53 - Appeals in Civil Actions
Chapter 53 — Appeals in Civil Actions
2005 EDITION
APPEALS IN CIVIL ACTIONS
JUSTICE COURTS & CIVIL PROCEEDINGS THEREIN
53.005Â Â Â Â Â Â Application of ORS 53.005 to 53.125
53.010Â Â Â Â Â Â Appeal from justice courts; when allowable
53.020Â Â Â Â Â Â Court to which appeal lies; designation of parties
53.030Â Â Â Â Â Â Manner of taking appeal; notice; undertaking for costs and disbursements
53.040Â Â Â Â Â Â Requisites of undertaking for costs and disbursements and stay of proceedings
53.050Â Â Â Â Â Â Stay of proceedings without undertaking
53.060Â Â Â Â Â Â Allowance of appeal; recall of execution when stay granted
53.070Â Â Â Â Â Â Qualification of sureties
53.080Â Â Â Â Â Â Enforcement of judgment notwithstanding appeal and undertaking for stay of proceedings
53.090Â Â Â Â Â Â Certified transcript to be filed; proceedings on appeal
53.100Â Â Â Â Â Â Amendment of pleadings in appellate court
53.110Â Â Â Â Â Â Dismissal of appeal; judgment on dismissal or after trial; judgment against sureties
53.120Â Â Â Â Â Â Insufficiency of undertaking as ground for dismissal of appeal
53.125Â Â Â Â Â Â Judgment or order of appellate court
53.130Â Â Â Â Â Â Writ of review in civil cases
     53.005
Application of ORS 53.005 to 53.125. ORS 53.005 to 53.125 apply only to
justice courts that have not become courts of record under ORS 51.025. Appeals
of civil judgments in justice courts that have become courts of record under
ORS 51.025 shall be as provided in ORS chapter 19 for appeals from judgments of
circuit courts. [1999 c.682 §6]
     53.010
Appeal from justice courts; when allowable. 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]
     53.020
Court to which appeal lies; designation of parties. 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]
     53.030
Manner of taking appeal; notice; undertaking for costs and disbursements.
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]
     53.040
Requisites of undertaking for costs and disbursements and stay of proceedings.
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]
     53.050
Stay of proceedings without undertaking. 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.
     53.060
Allowance of appeal; recall of execution when stay granted. 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]
     53.070
Qualification of sureties. 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]
     53.080
Enforcement of judgment notwithstanding appeal and undertaking for stay of
proceedings. 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 daysÂ’ notice to the other party.
     53.090
Certified transcript to be filed; proceedings on appeal. 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]
     53.100
Amendment of pleadings in appellate court. 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.
     53.110
Dismissal of appeal; judgment on dismissal or after trial; judgment against
sureties. 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.
     53.120
Insufficiency of undertaking as ground for dismissal of appeal. 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.
     53.125
Judgment or order of appellate court. 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]
     53.130
Writ of review in civil cases. 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.
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