2007 Oregon Code - Chapter 53 :: Chapter 53 - Appeals in Civil Actions
Chapter 53 — Appeals
in Civil Actions
2007 EDITION
APPEALS IN CIVIL ACTIONS
JUSTICE COURTS
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
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.
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 53.005 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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