53.020 Courtto which appeal lies; designation of parties
53.030 Mannerof taking appeal; notice; undertaking for costs and disbursements
53.040 Requisitesof undertaking for costs and disbursements and stay of proceedings
53.050 Stayof proceedings without undertaking
53.060 Allowanceof appeal; recall of execution when stay granted
53.070 Qualificationof sureties
53.080 Enforcementof judgment notwithstanding appeal and undertaking for stay of proceedings
53.090 Certifiedtranscript to be filed; proceedings on appeal
53.100 Amendmentof pleadings in appellate court
53.110 Dismissalof appeal; judgment on dismissal or after trial; judgment against sureties
53.120 Insufficiencyof undertaking as ground for dismissal of appeal
53.125 Judgmentor order of appellate court
53.130 Writof review in civil cases
53.005Application of ORS 53.005 to 53.125. ORS 53.005 to 53.125 apply only tojustice courts that have not become courts of record under ORS 51.025. Appealsof civil judgments in justice courts that have become courts of record underORS 51.025 shall be as provided in ORS chapter 19 for appeals from judgments ofcircuit courts. [1999 c.682 §6]
53.010Appeal from justice courts. Any party to a judgment in a civil action in ajustice 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 whenthe action is for the recovery of personal property of the value of not lessthan $30, exclusive of disbursements in either case, also when the action isfor the recovery of the possession of real property under ORS 105.110. [Amendedby 1977 c.365 §4; 1977 c.416 §4]
53.020Court to which appeal lies; designation of parties. An appeal istaken to the circuit court for the county wherein the judgment is given. Theparty appealing is known as the appellant and the adverse party as therespondent, but the title of the action is not thereby changed. [Amended by1985 c.342 §8; 1995 c.658 §64]
53.030Manner of taking appeal; notice; undertaking for costs and disbursements. An appeal istaken by serving, within 30 days after rendition of judgment, a written noticethereof on the adverse party, or the attorney of the adverse party, and filingthe original with the proof of service indorsed thereon with the justice, andby giving the undertaking for the costs and disbursements on the appeal, asprovided in ORS 53.040. A written acknowledgment of service by the respondentor the attorney of the respondent, indorsed on the notice of appeal, shall besufficient proof of service. When the notice of appeal has been served andfiled, the appellate court shall have jurisdiction of the cause. [Amended by1973 c.477 §1]
53.040Requisites of undertaking for costs and disbursements and stay of proceedings. The undertakingof the appellant must be given with one or more sureties, to the effect thatthe appellant will pay all costs and disbursements that may be awarded againstthe appellant on the appeal. The undertaking does not stay the proceedingsunless the undertaking further provides that the appellant will satisfy anyjudgment that may be given against the appellant in the appellate court on theappeal. The undertaking must be filed with the justice within five days afterthe notice of appeal is given or filed. The justice may waive, reduce or limitthe undertaking upon a showing of good cause, including indigency, and on suchterms as shall be just and equitable. The justice or the appellate court maywaive a failure to file the undertaking within the time required upon a showingof good cause for that failure. [Amended by 1983 c.673 §12]
53.050Stay of proceedings without undertaking. If the judgment appealed from is infavor of the appellant, the proceedings thereon are stayed by the notice ofappeal and the undertaking for the costs of the appeal.
53.060Allowance of appeal; recall of execution when stay granted. When an appealis taken, the justice must allow the same and make an entry thereof in thedocket of the justice, stating whether the proceedings are thereby stayed ornot. When the proceedings are stayed, if an execution has been issued toenforce judgment, the justice must recall the execution by written notice tothe officer holding it. Thereupon it must be returned and all property takenthereon and not sold released. [Amended by 1981 c.898 §43]
53.070Qualification of sureties. All sureties on an undertaking on appeal must havethe qualifications established by ORCP 82. Challenges to the qualifications ofsureties may be made as provided by ORCP 82. [Amended by 1997 c.71 §17]
53.080Enforcement of judgment notwithstanding appeal and undertaking for stay ofproceedings.When a judgment has been given for money in an action upon a contract to paymoney, notwithstanding an appeal and undertaking for the stay of proceedings,the respondent may enforce the judgment, if within five days from the allowanceof the appeal the respondent files with the justice an undertaking, with one ormore sureties, to the effect that if the judgment is changed or modified on theappeal the respondent will make such restitution as the appellate court maydirect. This undertaking must be taken by the justice on not less than two days’notice to the other party.
53.090Certified transcript to be filed; proceedings on appeal. Within 30 daysnext following the allowance of the appeal, the appellant must cause to befiled with the clerk of the appellate court a transcript of the cause. Thetranscript must contain a copy of all the material entries in the justicedocket relating to the cause or the appeal, and must have annexed thereto allthe original papers relating to the cause or the appeal and filed with thejustice. Upon the filing of the transcript with the clerk of the appellatecourt, the appeal is perfected. Thenceforth the action shall be deemed pendingand for trial therein as if originally commenced in such court, and the courtshall have jurisdiction of the cause and shall proceed to hear, determine andtry it anew, disregarding any irregularity or imperfection in matters of formwhich may have occurred in the proceedings in the justice court. If thetranscript and papers are not filed with the clerk of the appellate courtwithin the time provided, the appellate court, or the judge thereof, may byorder extend the time for filing the same upon such terms as the court or judgemay deem just. However, such order shall be made within the time allowed tofile the transcript. [Amended by 1985 c.342 §9]
53.100Amendment of pleadings in appellate court. The appellate court may, infurtherance of justice and upon such terms as may be just, allow the pleadingsin the action to be amended so as not to change substantially the issue triedin the justice court or to introduce any new cause of action or defense.
53.110Dismissal of appeal; judgment on dismissal or after trial; judgment againstsureties.The appellate court may dismiss an appeal from a justice court if it is notproperly taken and perfected. When an appeal is dismissed the appellate courtmust give judgment as it was given in the court below, and against the appellantfor the costs and disbursements of the appeal. When judgment is given in theappellate court against the appellant, either with or without the trial of theaction, it must also be given against the sureties in the undertaking of theappellant, according to its nature and effect.
53.120Insufficiency of undertaking as ground for dismissal of appeal. An appealcannot be dismissed on the motion of the respondent on account of theundertaking therefor being defective, if the appellant before the determinationof the motion to dismiss will execute a sufficient undertaking and file it inthe appellate court, upon such terms as may be deemed just.
53.125Judgment or order of appellate court. The appellate court may give a finaljudgment in the cause, to be enforced as a judgment of such court; or theappellate court may give such other judgment or order as may be proper, anddirect that the cause be remitted to the court below for further proceedings inaccordance with the decision of the appellate court. [1959 c.558 §47; 1981c.178 §4]
53.130Writ 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 beconstrued to prevent either party to a judgment given in a justice court fromhaving it reviewed in the circuit court for errors in law appearing upon theface of the judgment or the proceedings connected therewith, as provided in ORS34.010 to 34.100.
53.020 Courtto which appeal lies; designation of parties
53.030 Mannerof taking appeal; notice; undertaking for costs and disbursements
53.040 Requisitesof undertaking for costs and disbursements and stay of proceedings
53.050 Stayof proceedings without undertaking
53.060 Allowanceof appeal; recall of execution when stay granted
53.070 Qualificationof sureties
53.080 Enforcementof judgment notwithstanding appeal and undertaking for stay of proceedings
53.090 Certifiedtranscript to be filed; proceedings on appeal
53.100 Amendmentof pleadings in appellate court
53.110 Dismissalof appeal; judgment on dismissal or after trial; judgment against sureties
53.120 Insufficiencyof undertaking as ground for dismissal of appeal
53.125 Judgmentor order of appellate court
53.130 Writof review in civil cases
53.005Application of ORS 53.005 to 53.125. ORS 53.005 to 53.125 apply only tojustice courts that have not become courts of record under ORS 51.025. Appealsof civil judgments in justice courts that have become courts of record underORS 51.025 shall be as provided in ORS chapter 19 for appeals from judgments ofcircuit courts. [1999 c.682 §6]
53.010Appeal from justice courts. Any party to a judgment in a civil action in ajustice 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 whenthe action is for the recovery of personal property of the value of not lessthan $30, exclusive of disbursements in either case, also when the action isfor the recovery of the possession of real property under ORS 105.110. [Amendedby 1977 c.365 §4; 1977 c.416 §4]
53.020Court to which appeal lies; designation of parties. An appeal istaken to the circuit court for the county wherein the judgment is given. Theparty appealing is known as the appellant and the adverse party as therespondent, but the title of the action is not thereby changed. [Amended by1985 c.342 §8; 1995 c.658 §64]
53.030Manner of taking appeal; notice; undertaking for costs and disbursements. An appeal istaken by serving, within 30 days after rendition of judgment, a written noticethereof on the adverse party, or the attorney of the adverse party, and filingthe original with the proof of service indorsed thereon with the justice, andby giving the undertaking for the costs and disbursements on the appeal, asprovided in ORS 53.040. A written acknowledgment of service by the respondentor the attorney of the respondent, indorsed on the notice of appeal, shall besufficient proof of service. When the notice of appeal has been served andfiled, the appellate court shall have jurisdiction of the cause. [Amended by1973 c.477 §1]
53.040Requisites of undertaking for costs and disbursements and stay of proceedings. The undertakingof the appellant must be given with one or more sureties, to the effect thatthe appellant will pay all costs and disbursements that may be awarded againstthe appellant on the appeal. The undertaking does not stay the proceedingsunless the undertaking further provides that the appellant will satisfy anyjudgment that may be given against the appellant in the appellate court on theappeal. The undertaking must be filed with the justice within five days afterthe notice of appeal is given or filed. The justice may waive, reduce or limitthe undertaking upon a showing of good cause, including indigency, and on suchterms as shall be just and equitable. The justice or the appellate court maywaive a failure to file the undertaking within the time required upon a showingof good cause for that failure. [Amended by 1983 c.673 §12]
53.050Stay of proceedings without undertaking. If the judgment appealed from is infavor of the appellant, the proceedings thereon are stayed by the notice ofappeal and the undertaking for the costs of the appeal.
53.060Allowance of appeal; recall of execution when stay granted. When an appealis taken, the justice must allow the same and make an entry thereof in thedocket of the justice, stating whether the proceedings are thereby stayed ornot. When the proceedings are stayed, if an execution has been issued toenforce judgment, the justice must recall the execution by written notice tothe officer holding it. Thereupon it must be returned and all property takenthereon and not sold released. [Amended by 1981 c.898 §43]
53.070Qualification of sureties. All sureties on an undertaking on appeal must havethe qualifications established by ORCP 82. Challenges to the qualifications ofsureties may be made as provided by ORCP 82. [Amended by 1997 c.71 §17]
53.080Enforcement of judgment notwithstanding appeal and undertaking for stay ofproceedings.When a judgment has been given for money in an action upon a contract to paymoney, notwithstanding an appeal and undertaking for the stay of proceedings,the respondent may enforce the judgment, if within five days from the allowanceof the appeal the respondent files with the justice an undertaking, with one ormore sureties, to the effect that if the judgment is changed or modified on theappeal the respondent will make such restitution as the appellate court maydirect. This undertaking must be taken by the justice on not less than two days’notice to the other party.
53.090Certified transcript to be filed; proceedings on appeal. Within 30 daysnext following the allowance of the appeal, the appellant must cause to befiled with the clerk of the appellate court a transcript of the cause. Thetranscript must contain a copy of all the material entries in the justicedocket relating to the cause or the appeal, and must have annexed thereto allthe original papers relating to the cause or the appeal and filed with thejustice. Upon the filing of the transcript with the clerk of the appellatecourt, the appeal is perfected. Thenceforth the action shall be deemed pendingand for trial therein as if originally commenced in such court, and the courtshall have jurisdiction of the cause and shall proceed to hear, determine andtry it anew, disregarding any irregularity or imperfection in matters of formwhich may have occurred in the proceedings in the justice court. If thetranscript and papers are not filed with the clerk of the appellate courtwithin the time provided, the appellate court, or the judge thereof, may byorder extend the time for filing the same upon such terms as the court or judgemay deem just. However, such order shall be made within the time allowed tofile the transcript. [Amended by 1985 c.342 §9]
53.100Amendment of pleadings in appellate court. The appellate court may, infurtherance of justice and upon such terms as may be just, allow the pleadingsin the action to be amended so as not to change substantially the issue triedin the justice court or to introduce any new cause of action or defense.
53.110Dismissal of appeal; judgment on dismissal or after trial; judgment againstsureties.The appellate court may dismiss an appeal from a justice court if it is notproperly taken and perfected. When an appeal is dismissed the appellate courtmust give judgment as it was given in the court below, and against the appellantfor the costs and disbursements of the appeal. When judgment is given in theappellate court against the appellant, either with or without the trial of theaction, it must also be given against the sureties in the undertaking of theappellant, according to its nature and effect.
53.120Insufficiency of undertaking as ground for dismissal of appeal. An appealcannot be dismissed on the motion of the respondent on account of theundertaking therefor being defective, if the appellant before the determinationof the motion to dismiss will execute a sufficient undertaking and file it inthe appellate court, upon such terms as may be deemed just.
53.125Judgment or order of appellate court. The appellate court may give a finaljudgment in the cause, to be enforced as a judgment of such court; or theappellate court may give such other judgment or order as may be proper, anddirect that the cause be remitted to the court below for further proceedings inaccordance with the decision of the appellate court. [1959 c.558 §47; 1981c.178 §4]
53.130Writ 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 beconstrued to prevent either party to a judgment given in a justice court fromhaving it reviewed in the circuit court for errors in law appearing upon theface of the judgment or the proceedings connected therewith, as provided in ORS34.010 to 34.100.
53.020 Courtto which appeal lies; designation of parties
53.030 Mannerof taking appeal; notice; undertaking for costs and disbursements
53.040 Requisitesof undertaking for costs and disbursements and stay of proceedings
53.050 Stayof proceedings without undertaking
53.060 Allowanceof appeal; recall of execution when stay granted
53.070 Qualificationof sureties
53.080 Enforcementof judgment notwithstanding appeal and undertaking for stay of proceedings
53.090 Certifiedtranscript to be filed; proceedings on appeal
53.100 Amendmentof pleadings in appellate court
53.110 Dismissalof appeal; judgment on dismissal or after trial; judgment against sureties
53.120 Insufficiencyof undertaking as ground for dismissal of appeal
53.125 Judgmentor order of appellate court
53.130 Writof review in civil cases
53.005Application of ORS 53.005 to 53.125. ORS 53.005 to 53.125 apply only tojustice courts that have not become courts of record under ORS 51.025. Appealsof civil judgments in justice courts that have become courts of record underORS 51.025 shall be as provided in ORS chapter 19 for appeals from judgments ofcircuit courts. [1999 c.682 §6]
53.010Appeal from justice courts. Any party to a judgment in a civil action in ajustice 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 whenthe action is for the recovery of personal property of the value of not lessthan $30, exclusive of disbursements in either case, also when the action isfor the recovery of the possession of real property under ORS 105.110. [Amendedby 1977 c.365 §4; 1977 c.416 §4]
53.020Court to which appeal lies; designation of parties. An appeal istaken to the circuit court for the county wherein the judgment is given. Theparty appealing is known as the appellant and the adverse party as therespondent, but the title of the action is not thereby changed. [Amended by1985 c.342 §8; 1995 c.658 §64]
53.030Manner of taking appeal; notice; undertaking for costs and disbursements. An appeal istaken by serving, within 30 days after rendition of judgment, a written noticethereof on the adverse party, or the attorney of the adverse party, and filingthe original with the proof of service indorsed thereon with the justice, andby giving the undertaking for the costs and disbursements on the appeal, asprovided in ORS 53.040. A written acknowledgment of service by the respondentor the attorney of the respondent, indorsed on the notice of appeal, shall besufficient proof of service. When the notice of appeal has been served andfiled, the appellate court shall have jurisdiction of the cause. [Amended by1973 c.477 §1]
53.040Requisites of undertaking for costs and disbursements and stay of proceedings. The undertakingof the appellant must be given with one or more sureties, to the effect thatthe appellant will pay all costs and disbursements that may be awarded againstthe appellant on the appeal. The undertaking does not stay the proceedingsunless the undertaking further provides that the appellant will satisfy anyjudgment that may be given against the appellant in the appellate court on theappeal. The undertaking must be filed with the justice within five days afterthe notice of appeal is given or filed. The justice may waive, reduce or limitthe undertaking upon a showing of good cause, including indigency, and on suchterms as shall be just and equitable. The justice or the appellate court maywaive a failure to file the undertaking within the time required upon a showingof good cause for that failure. [Amended by 1983 c.673 §12]
53.050Stay of proceedings without undertaking. If the judgment appealed from is infavor of the appellant, the proceedings thereon are stayed by the notice ofappeal and the undertaking for the costs of the appeal.
53.060Allowance of appeal; recall of execution when stay granted. When an appealis taken, the justice must allow the same and make an entry thereof in thedocket of the justice, stating whether the proceedings are thereby stayed ornot. When the proceedings are stayed, if an execution has been issued toenforce judgment, the justice must recall the execution by written notice tothe officer holding it. Thereupon it must be returned and all property takenthereon and not sold released. [Amended by 1981 c.898 §43]
53.070Qualification of sureties. All sureties on an undertaking on appeal must havethe qualifications established by ORCP 82. Challenges to the qualifications ofsureties may be made as provided by ORCP 82. [Amended by 1997 c.71 §17]
53.080Enforcement of judgment notwithstanding appeal and undertaking for stay ofproceedings.When a judgment has been given for money in an action upon a contract to paymoney, notwithstanding an appeal and undertaking for the stay of proceedings,the respondent may enforce the judgment, if within five days from the allowanceof the appeal the respondent files with the justice an undertaking, with one ormore sureties, to the effect that if the judgment is changed or modified on theappeal the respondent will make such restitution as the appellate court maydirect. This undertaking must be taken by the justice on not less than two days’notice to the other party.
53.090Certified transcript to be filed; proceedings on appeal. Within 30 daysnext following the allowance of the appeal, the appellant must cause to befiled with the clerk of the appellate court a transcript of the cause. Thetranscript must contain a copy of all the material entries in the justicedocket relating to the cause or the appeal, and must have annexed thereto allthe original papers relating to the cause or the appeal and filed with thejustice. Upon the filing of the transcript with the clerk of the appellatecourt, the appeal is perfected. Thenceforth the action shall be deemed pendingand for trial therein as if originally commenced in such court, and the courtshall have jurisdiction of the cause and shall proceed to hear, determine andtry it anew, disregarding any irregularity or imperfection in matters of formwhich may have occurred in the proceedings in the justice court. If thetranscript and papers are not filed with the clerk of the appellate courtwithin the time provided, the appellate court, or the judge thereof, may byorder extend the time for filing the same upon such terms as the court or judgemay deem just. However, such order shall be made within the time allowed tofile the transcript. [Amended by 1985 c.342 §9]
53.100Amendment of pleadings in appellate court. The appellate court may, infurtherance of justice and upon such terms as may be just, allow the pleadingsin the action to be amended so as not to change substantially the issue triedin the justice court or to introduce any new cause of action or defense.
53.110Dismissal of appeal; judgment on dismissal or after trial; judgment againstsureties.The appellate court may dismiss an appeal from a justice court if it is notproperly taken and perfected. When an appeal is dismissed the appellate courtmust give judgment as it was given in the court below, and against the appellantfor the costs and disbursements of the appeal. When judgment is given in theappellate court against the appellant, either with or without the trial of theaction, it must also be given against the sureties in the undertaking of theappellant, according to its nature and effect.
53.120Insufficiency of undertaking as ground for dismissal of appeal. An appealcannot be dismissed on the motion of the respondent on account of theundertaking therefor being defective, if the appellant before the determinationof the motion to dismiss will execute a sufficient undertaking and file it inthe appellate court, upon such terms as may be deemed just.
53.125Judgment or order of appellate court. The appellate court may give a finaljudgment in the cause, to be enforced as a judgment of such court; or theappellate court may give such other judgment or order as may be proper, anddirect that the cause be remitted to the court below for further proceedings inaccordance with the decision of the appellate court. [1959 c.558 §47; 1981c.178 §4]
53.130Writ 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 beconstrued to prevent either party to a judgment given in a justice court fromhaving it reviewed in the circuit court for errors in law appearing upon theface of the judgment or the proceedings connected therewith, as provided in ORS34.010 to 34.100.
