Chapter 053

      53.010

NOTES OF DECISIONS

      Where justice court entered order rather than judgment, and Court of Appeals cannot independently determine whether order could have been “judgment” under this section, plaintiff may not appeal justice court order. Richardson v. DMV, 253 Or App 456, 292 P3d 557 (2012)

      53.030

NOTES OF DECISIONS

      “Undertaking” means valid undertaking, depending on whether the appellant’s sureties can withstand challenge by the respondent. Green v. Lilly Enterprises, 278 Or 85, 562 P2d 1204 (1977)

      Original notice of appeal from municipal court decision in misdemeanor case must be filed with municipal court for circuit court to have jurisdiction over appeal. City of Milton-Freewater v. Ashley, 214 Or App 526, 166 P3d 587 (2007)

      53.040

NOTES OF DECISIONS

      The filing of the undertaking within the time specified is jurisdictional. Curry v. Pope, 266 Or 327, 513 P2d 792 (1973)

      53.090

NOTES OF DECISIONS

      On appeal from district court to circuit court, criminal matters are heard de novo on the issues determined below and, for such purpose, evidence not presented in the district court upon such issues may be admitted in circuit court. State v. Phillips, 21 Or App 167, 534 P2d 214 (1975)

      Upon de novo appeal from a district court, rulings of the prior district court are not binding on the circuit court. State v. Stacey, 25 Or App 97, 548 P2d 527 (1976)

      Date of defendant’s conviction of driving under influence of intoxicants (for purpose of [former] ORS 484.365) was date of conviction in circuit court resulting from de novo appeal, not date of prior judgment in lower court. State v. Lyman, 30 Or App 955, 569 P2d 39 (1977)

      The period for filing of the trial transcript begins to run only after conflicts regarding qualification of sureties have been resolved by district court. Green v. Lilly Enterprises, 278 Or 85, 562 P2d 1204 (1977)

      Where defendant filed copy of original court file with appeal but failed to file certified transcript of original proceeding, filing was inadequate. State v. Helleson, 43 Or App 463, 602 P2d 1158 (1979); City of Astoria v. Swehla, 132 Or App 212, 888 P2d 22 (1994)

      53.100

NOTES OF DECISIONS

      Although the appeal in the circuit court is de novo, a party cannot assert either a new cause of action or a new defense in the appeal to the circuit court. Credit Serv. Co. v. Stierly, 261 Or 510, 495 P2d 270 (1972); distinguished in State v. Phillips, 21 Or App 167, 534 P2d 214 (1975)

      53.110

NOTES OF DECISIONS

      This section requires the circuit court to enter a judgment against appellant and his surety in cases in which appeals from justice courts or district courts are dismissed for want of prosecution after the filing of an undertaking on the appeal. Hollinger v. Blair/Dickson, 270 Or 46, 526 P2d 1015 (1974)