Chapter 55 — Appeals

2025 EDITION

APPEALS

JUSTICE COURTS

APPEALS GENERALLY

55.150       Court to which appeal is taken

55.155       Definition for ORS 55.160 to 55.335

55.160       Time within which appeal must be taken

55.165       Contents of notice of appeal

55.170       Filing and serving notice of appeal

55.175       Filing fee; fee waiver or deferral

55.180       Jurisdiction of matter and to decide appeal

55.185       Submission of record

55.190       Proceedings in circuit court and standard of review generally

55.195       Rendering judgment; remand; notice to justice court

55.200       Availability of writ of review

APPEALS IN VIOLATION AND MISDEMEANOR CASES

55.250       Appeal and cross-appeal by defendant

55.255       Appeal by state or county

55.260       Proceedings in circuit court

55.265       Scope of review in general of order or judgment other than judgment of conviction and sentence

55.270       Scope of review in specific cases

55.275       Rendering judgment; remand to justice court

55.280       Stay of enforcement of judgment

55.285       Appeal from circuit court

APPEALS IN CIVIL ACTIONS

55.300       Who may appeal

55.305       Undertaking for costs and disbursements and stay of proceedings

55.310       Stay of proceedings without undertaking

55.315       Recall of execution when stay granted

55.320       Enforcement of judgment in contract action

55.325       Appeals from actions for recovery of real property

55.330       Judgment on dismissal or after trial; judgment against sureties

55.335       Appeal from circuit court

      55.010 [Amended by 1955 c.44 §1; 1959 c.326 §2; repealed by 1963 c.404 §1 (55.011 enacted in lieu of 55.010)]

      55.011 [1963 c.404 §2 (enacted in lieu of 55.010); 1965 c.569 §2; 1973 c.625 §3; 1973 c.812 §7; 1975 c.346 §2a; 1975 c.592 §2; 1983 c.673 §6; 1985 c.367 §3; 1987 c.725 §3; 1989 c.583 §1; 1995 c.227 §4; 1997 c.801 §108; 1999 c.84 §5; 1999 c.673 §4; 2001 c.542 §6; 2007 c.125 §5; 2011 c.595 §53; renumbered 52.750 in 2025]

      55.020 [Amended by 1989 c.583 §2; 2021 c.411 §2; renumbered 52.755 in 2025]

      55.030 [Amended by 1977 c.875 §11; 1989 c.583 §3; 2021 c.411 §3; renumbered 52.760 in 2025]

      55.040 [Renumbered 52.765 in 2025]

      55.045 [1989 c.583 §5; 2025 c.197 §4; renumbered 52.770 in 2025]

      55.050 [Amended by 1965 c.619 §28; 1977 c.875 §12; 1981 s.s. c.3 §95; 1987 c.829 §2; repealed by 1989 c.583 §11]

      55.055 [1977 c.875 §21; renumbered 52.775 in 2025]

      55.060 [Amended by 1977 c.875 §13; repealed by 1989 c.583 §11]

      55.065 [1989 c.583 §6; 1995 c.227 §3; 2025 c.197 §2; renumbered 52.780 in 2025]

      55.070 [Amended by 1957 c.6 §1; 1965 c.619 §29; 1973 c.393 §3; 1977 c.875 §14; 1977 c.877 §14a; 1979 c.284 §87; repealed by 1989 c.583 §11]

      55.075 [1989 c.583 §8; renumbered 52.785 in 2025]

      55.077 [1989 c.583 §9; renumbered 52.790 in 2025]

      55.080 [Amended by 1971 c.179 §1; 1977 c.875 §15; renumbered 52.795 in 2025]

      55.090 [Amended by 1973 c.625 §4; 1987 c.158 §8; 1993 c.282 §3; 1997 c.808 §9; 2015 c.7 §4; 2017 c.268 §2; renumbered 52.800 in 2025]

      55.095 [1977 c.875 §22; 1981 s.s. c.3 §96; 1983 c.673 §8; 1985 c.367 §4; 1987 c.725 §4; 1987 c.829 §3; 1989 c.583 §7; 1995 c.658 §65; 1997 c.801 §109; 1999 c.84 §6; 2007 c.125 §6; 2011 c.595 §53a; renumbered 52.805 in 2025]

      55.100 [Amended by 1977 c.875 §16; renumbered 52.810 in 2025]

      55.110 [Amended by 1977 c.875 §17; 1985 c.342 §10; 1995 c.658 §66; 2025 c.268 §30a; renumbered 52.815 in 2025]

      55.120 [Amended by 1977 c.875 §18; 1985 c.342 §11; 2005 c.22 §38; repealed by 2025 c.268 §35]

      55.130 [Amended by 1965 c.619 §30; 1977 c.875 §19; 1987 c.829 §4; 1997 c.801 §134; 2015 c.623 §5; renumbered 52.825 in 2025]

      55.140 [Renumbered 52.830 in 2025]

APPEALS GENERALLY

      55.150 Court to which appeal is taken. (1) If a justice court has become a court of record under ORS 51.025:

      (a) An appeal in a proceeding involving a violation shall be taken to the Court of Appeals as provided in ORS 138.057.

      (b) An appeal in a proceeding involving a misdemeanor shall be taken to the Court of Appeals as provided in ORS 138.010 to 138.310 for appeals from a circuit court.

      (c) An appeal in a civil action shall be taken to the Court of Appeals as provided in ORS chapter 19 for appeals from a circuit court.

      (2) If a justice court has not become a court of record under ORS 51.025, an appeal from a proceeding involving a violation or misdemeanor or a civil action shall be taken to the circuit court of the county in which the justice court is located and in the manner provided in ORS 52.815, 52.820 and 55.160 to 55.335. [2025 c.268 §7]

      55.155 Definition for ORS 55.160 to 55.335. As used in ORS 55.160 to 55.335, “matter” means:

      (1) On appeal from a judgment of conviction and sentence, the entire case; or

      (2) On appeal from a pretrial order or order entered after trial, or an amended or corrected judgment, the order or judgment from which the appeal is taken and any issue, factual or legal, necessary to decide the appeal. [2025 c.268 §6b]

      55.160 Time within which appeal must be taken. (1) Except as provided in subsection (2) of this section, a notice of appeal must be filed and served within 30 days of the date of entry in the justice court docket of the judgment or order being appealed.

      (2) If, in a case involving a misdemeanor or a violation, a motion for a 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. [2025 c.268 §8]

      55.165 Contents of notice of appeal. (1) The notice of appeal must contain:

      (a) The title of the cause in the justice court. The party appealing is known as the appellant and the adverse party as the respondent, but the title of the action is otherwise unchanged.

      (b) The name of each party and the party’s attorney, if the party is represented by an attorney.

      (c) A notice to each party that appeared in the action or proceeding, or to the party’s attorney if the party is represented, that an appeal is taken and designating the adverse parties to the appeal.

      (d) Identification of the justice court’s order or judgment from which the appeal is taken.

      (e) If an appellant is not represented by an attorney, a postal address for the appellant and either an electronic mail address for the appellant, or a statement that the appellant does not have an electronic mail address or does not wish to receive correspondence via electronic mail.

      (f) If the appellant is represented by an attorney, the postal address and electronic mail address for the attorney.

      (g) The postal address and electronic mail address, if known to the appellant, for all other parties designated as parties to the appeal.

      (h) The signature of the appellant or, if the appellant is represented by an attorney, the appellant’s attorney.

      (i) If the appellant is appealing from a judgment of conviction based on a plea of guilty or no contest, a claim that the trial court failed to comply with requirements of law in imposing or failing to impose a sentence.

      (2) The State Court Administrator shall create a model notice of appeal form that, when completed by the appellant, contains the information described in subsection (1) of this section. [2025 c.268 §9]

      55.170 Filing and serving notice of appeal. (1) The appellant shall:

      (a) File written notice of appeal with the justice court from which the appeal is taken with proof of service of a copy on the adverse party, or an acknowledgment of service signed by the adverse party; and

      (b) Serve a copy of the notice of appeal on the adverse party or, if the adverse party is represented by an attorney, the party’s attorney.

      (2) In a case charging a misdemeanor or a violation, if the defendant is the appellant:

      (a) The defendant shall serve the county attorney if the case has been brought in the county’s name and the defendant did not serve the county attorney under subsection (1) of this section.

      (b) The defendant shall serve the district attorney if the case has been brought in the state’s name and the defendant did not serve the district attorney under subsection (1) of this section. [2025 c.268 §10]

      55.175 Filing fee; fee waiver or deferral. (1)(a) On appeal from a justice court to the circuit court in a civil action, or in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 or 21.160 when filing a notice of appeal or other first appearance in the appellate proceeding.

      (b) The appellant shall either tender payment of the circuit court filing fee to the justice court, or file an application to waive or defer the filing fee with the justice court. The appellant may use the application described in ORS 21.685.

      (c) The justice court shall transmit the filing fee or application to waive or defer the filing fee to the circuit court of the county in which the justice court is located at the time that the justice court submits the case record as required by ORS 55.185. The circuit court shall rule upon the application, and may waive or defer payment of the filing fee required by ORS 21.135 or 21.160 for the reason and in the manner provided in ORS 21.680 to 21.698.

      (2) When the state or any political subdivision of the state, or an officer, employee or agent thereof, appearing in a representative or other official capacity, is a party on appeal from a justice court, payment of the filing fee required by ORS 21.135 or 21.160 is subject to ORS 20.140. [2025 c.268 §10a]

      55.180 Jurisdiction of matter and to decide appeal. (1) The circuit court has jurisdiction to exercise judicial authority in the matter upon the filing of the notice of appeal.

      (2) Timely filing of the notice of appeal and timely service on the adverse party is jurisdictional, and except as otherwise provided in this section, neither the justice court nor the circuit court may waive or extend the time limits for filing or serving the notice of appeal described in ORS 55.160.

      (3) Upon the timely filing of the notice of appeal, service on the adverse party and transfer of the case record to the circuit court, the appeal is deemed perfected.

      (4) Notwithstanding subsections (2) and (3) of this section:

      (a) It is not a jurisdictional defect if the appellant files the original notice of appeal with the circuit court, so long as the appellant timely served a copy of the notice of appeal on the justice court.

      (b) Timely service on an adverse party is not jurisdictional if proper service did not occur due to the appellant’s reliance upon an address provided by the justice court under ORS 51.107, and the circuit court may extend the time for proper service.

      (c) In a case charging a violation or a misdemeanor, timely service on the county attorney or the district attorney is not jurisdictional and the circuit court may extend the time for that service. [2025 c.268 §11]

      55.185 Submission of record. (1) The justice court shall submit the case record described in ORS 51.115 to the circuit court immediately and no later than 30 days after the date the notice of appeal was filed, or no later than 10 days if the defendant is in custody.

      (2) The circuit court by order may extend the time for the justice court to submit the case record.

      (3) If the justice court and the circuit court agree, the justice court may submit its case record, or make the case record available, to the circuit court in electronic form. If the circuit court does not agree to accept the justice court record in electronic form, the justice court shall submit a paper copy of the case record to the circuit court. [2025 c.268 §12]

      55.190 Proceedings in circuit court and standard of review generally. (1)(a) The circuit court may dismiss an appeal that is not properly taken or perfected, including the failure to include a claim in the notice of appeal if required by ORS 55.165 (1)(i), except that the circuit court may not dismiss an appeal because the justice court has failed to submit the justice court case record to the circuit court.

      (b) The circuit court shall not assess the merits of a claim made pursuant to ORS 55.165 (1)(i). If, in violation of this paragraph, the circuit court dismisses an appeal based on an assessment of such a claim, and notwithstanding ORS 138.035, the appellant may appeal the dismissal.

      (2) After the appeal is perfected, the matter shall be deemed pending for trial or hearing as if the case had been originally commenced in the circuit court. The circuit court shall proceed to hear and decide the matter anew, disregarding any irregularity or imperfection in matters of form that may have occurred in the justice court.

      (3) The circuit court may, in furtherance of justice and upon such terms as may be just, allow a party to amend the party’s pleadings in the action, provided that the amendment does not substantially change the issue tried in the justice court or introduce any new cause of action or defense. [2025 c.268 §13]

      55.195 Rendering judgment; remand; notice to justice court. (1) The circuit court shall render a judgment, as defined in ORS 18.005, conclusively disposing of the appeal.

      (2) Except as otherwise provided in ORS 55.160 to 55.335:

      (a) If the circuit court determines that any of the terms of the justice court judgment should be reversed or modified, the circuit court shall render a judgment as if the case had been originally commenced in the circuit court, containing all the terms of the judgment and to be enforced as a judgment of the circuit court; or

      (b) If the circuit court determines that none of the terms of the justice court decision should be reversed or modified, the circuit court shall render a judgment affirming the decision and remanding the case to the justice court for enforcement of the judgment.

      (3) Notwithstanding subsection (2) of this section, in its discretion and for good cause, the circuit court may render such judgment as may be proper, which may include remanding the case to the justice court for further proceedings in accordance with the decision of the circuit court.

      (4) The trial court administrator of the circuit court shall provide a copy of the circuit court’s judgment to the justice court:

      (a) Within 40 days after the date of entry of the circuit court judgment, if no party appeals from the judgment; or

      (b) Within 10 days after receipt of the appellate judgment issued by the State Court Administrator resolving the appeal, if a party appeals the circuit court judgment to the Court of Appeals. [2025 c.268 §14]

      55.200 Availability of writ of review. The right of a party in a justice court to appeal under ORS 55.160 to 55.335 may not be construed to prevent any party from seeking review in the circuit court under ORS 34.010 to 34.100 for errors in law appearing on the face of the judgment entered by the justice court or the proceedings connected therewith or, in a proceeding charging a violation or misdemeanor, an interlocutory order involving the constitutionality of a statute. [2025 c.268 §15]

APPEALS IN VIOLATION AND MISDEMEANOR CASES

      55.250 Appeal and cross-appeal by defendant. (1) In a proceeding involving a violation or misdemeanor, a defendant may appeal from:

      (a) A judgment convicting the defendant of one or more charges and imposing sentence, regardless of the type of sentence imposed.

      (b) A judgment ordering payment of restitution but not specifying the amount of restitution, or a supplemental judgment awarding restitution.

      (c) A judgment or order imposing or executing a sentence upon revocation of probation or sentence suspension.

      (d) A judgment or order that is an amended or corrected version of a judgment or order described in paragraphs (a) to (c) of this subsection.

      (2) In a proceeding involving a violation, the defendant may appeal an order denying a motion for relief from default under ORS 153.105.

      (3) A defendant may cross-appeal when the prosecution appeals an order prior to trial suppressing evidence as provided in ORS 55.255 (1)(c). The failure to file a cross-appeal under this subsection does not waive a defendant’s right to appeal a particular ruling of the justice court on appeal from the judgment of conviction and sentence. [2025 c.268 §16]

      55.255 Appeal by state or county. (1) In a proceeding involving a violation or misdemeanor, the prosecution may appeal from:

      (a) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument.

      (b) An order allowing a demurrer.

      (c) An order made prior to trial suppressing evidence.

      (d) An order made prior to trial for the return or restoration of things seized.

      (e) An order arresting the judgment.

      (f) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument.

      (g) An order granting a new trial.

      (2) In a proceeding involving a violation, the prosecution may appeal an order granting a defendant’s motion for relief from default under ORS 153.105.

      (3) Notwithstanding subsection (1) of this section, the state or the county may not appeal the dismissal of a violation by reason of a police officer’s failure to appear at the trial on the matter if the police officer was timely provided with notice of the trial date. [2025 c.268 §17]

      55.260 Proceedings in circuit court. (1) On appeal of a matter in a case charging a violation or misdemeanor, the circuit court shall try the matter pursuant to the statutes that prescribe the procedure for trial of violations or misdemeanors, respectively, in the circuit court, except that the prosecution may be handled by an attorney provided by the county or other political subdivision of the state that enacted the ordinance or adopted the provision of a charter the defendant was charged with or convicted of violating.

      (2) On appeal by the defendant of a judgment of conviction and sentence for a violation or misdemeanor defined by state law or by a law enacted by a county, city or other subdivision of the state, if the defendant is convicted, the circuit court may impose any sentence within the limits prescribed by state law, by ordinance of the county or other political subdivision of the state or by city charter for the violation or misdemeanor. If the circuit court determines that the defendant is guilty of a violation, the circuit court shall comply with ORS 153.018, 153.019, 153.020 and 153.021 in imposing the sentence. [2025 c.268 §18]

      55.265 Scope of review in general of order or judgment other than judgment of conviction and sentence. On appeal by the defendant or the prosecution of an order or judgment other than the judgment of conviction and sentence, except as otherwise specified by law, the circuit court may review only the order or judgment from which the appeal is taken and any issue necessary to decide the appeal, but may receive and consider evidence as necessary to decide the matter anew. [2025 c.268 §18a]

      55.270 Scope of review in specific cases. (1) On appeal by a defendant of any conviction based on a plea of guilty or no contest, the circuit court shall treat the plea as though it was entered in and accepted by the circuit court. If the defendant has included a claim of legal error in the notice of appeal as required by ORS 55.165 (1)(i), the circuit court shall sentence the defendant anew without determining whether the justice court erred.

      (2) At any sentencing proceeding in the circuit court, both parties shall be bound by any sentencing agreement that the parties entered into in the justice court.

      (3) On appeal by a defendant under ORS 55.250 (1)(b), the circuit court shall sentence the defendant anew.

      (4) On appeal by a defendant under ORS 55.250 (1)(d):

      (a) The circuit court shall proceed in the same manner as in an appeal from the original judgment or order.

      (b) Notwithstanding paragraph (a) of this subsection, if the appeal of the amended or corrected judgment or order is filed after expiration of the time period during which the original judgment or order could have been appealed, the circuit court may review only the amended or corrected part of the judgment or order and any part of the judgment or order affected by the amendment or correction.

      (5)(a) On appeal by a defendant under ORS 55.250 (2) or by the prosecution under ORS 55.255 (2), the circuit court shall determine whether to grant relief in accordance with ORS 153.105 in the same manner as if the motion for relief had been originally filed in circuit court.

      (b) The circuit court may hear evidence or admit exhibits necessary to make the determination on the matter. [2025 c.268 §18b]

      55.275 Rendering judgment; remand to justice court. (1) On appeal by the defendant of a judgment under ORS 55.250 (1)(a) or (d) involving a misdemeanor, after the circuit court has decided the appeal, and notwithstanding whether the circuit court affirms, reverses or modifies any term of the justice court judgment, the circuit court shall render a judgment as provided in ORS 55.195 (2)(a).

      (2) On appeal by the defendant of a judgment under ORS 55.250 (1)(a) or (d) involving a violation, if the circuit court determines that no term of the justice court judgment should be reversed or modified, the circuit court shall render a judgment as provided in ORS 55.195 (2)(b) or (3).

      (3) On appeal by the defendant of a judgment or order under ORS 55.250 (1)(b) or (c), after the circuit court has decided the appeal, the circuit court shall render a judgment disposing of as much of the case as was tried before the circuit court.

      (4)(a) On appeal by the defendant under ORS 55.250 (2), if the circuit court determines that relief should be granted, the circuit court shall vacate the judgment and:

      (A) Remand the case to the justice court for further proceedings; or

      (B) Retain the case in the circuit court for further proceedings, if the justice court has adopted a rule described in paragraph (b) of this subsection.

      (b) A justice court, with agreement of the presiding judge of the circuit court of the county in which the justice court is located, may adopt a rule allowing a case described in paragraph (a) of this subsection to remain in circuit court for further proceedings after the justice court judgment is vacated.

      (5) On appeal by the prosecution under ORS 55.255 (1)(a) to (d), after the circuit court has decided the matter appealed, and notwithstanding ORS 55.265, at the request of either party, the circuit court shall take jurisdiction of the case, try the case and render a judgment described in ORS 55.195 (2)(a). If neither party requests the circuit court to try the remainder of the case, the circuit court shall render a judgment disposing of as much of the case as was tried before the circuit court and remanding the case to the justice court for further proceedings.

      (6) On appeal by the prosecution under ORS 55.255 (1)(e) to (g), the circuit court shall render a judgment reflecting its decision and remanding the case to the justice court.

      (7) On appeal by the prosecution under ORS 55.255 (2), if the circuit court determines that relief should not be granted, the circuit court shall render a judgment vacating the justice court’s order granting relief and remanding the case to the justice court for further proceedings. [2025 c.268 §19]

      55.280 Stay of enforcement of judgment. (1) A defendant filing notice of appeal from a judgment of conviction and sentence of a misdemeanor described in this subsection does not stay enforcement of the judgment unless the defendant:

      (a) If sentenced to confinement, executes a release agreement or makes a security release deposit as provided in ORS 135.230 to 135.290; or

      (b) On conviction of a traffic crime as defined in ORS 801.545, gives the security required by ORS 810.300 to 810.330 as an undertaking on appeal.

      (2) A defendant filing notice of appeal from a judgment involving a violation does not automatically stay enforcement of the judgment.

      (3) Nothing in this section is intended to affect the authority of the justice court or circuit court to stay enforcement of the judgment under ORS 19.350, 138.285 or 138.295 or any other authority. [2025 c.268 §21]

      55.285 Appeal from circuit court. (1) Upon entry by the circuit court of an order or judgment:

      (a) In a matter involving a violation, the order or judgment may be appealed as provided in ORS 138.057.

      (b) In a matter involving a misdemeanor, the order or judgment may be appealed as provided in ORS 138.010 to 138.310.

      (2) In any case in which only a violation or 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 on the matter if the police officer was timely provided with notice of the trial date. [2025 c.268 §23]

APPEALS IN CIVIL ACTIONS

      55.300 Who may appeal. (1) 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 from the judgment when:

      (a) The sum in controversy is $100 or more, or the action is for the recovery of personal property of the value of $100 or more, exclusive of disbursements in either case; or

      (b) When the action is for the recovery of the possession of real property under ORS 105.110.

      (2)(a) A defendant may appeal from the justice court’s order denying the defendant’s motion to set aside a default order or judgment.

      (b) A plaintiff may appeal from the justice court’s order granting a defendant’s motion to set aside a default order or judgment. [2025 c.268 §24]

      55.305 Undertaking for costs and disbursements and stay of proceedings. (1)(a) As used in ORS 55.160 to 55.335, “undertaking” means a written promise signed by an appellant to take an action, in connection with an appeal from the justice court to the circuit court, that is supported by a bond, one or more sureties or a deposit of money with the justice court.

      (b) A surety for an undertaking on appeal must have the qualifications established by ORCP 82.

      (2) The appellant shall file an undertaking stating that the appellant will pay all costs and disbursements that may be awarded against the appellant on appeal. The appellant shall file the undertaking with the justice court within five days after filing the notice of appeal. The justice court or the circuit court for good cause may extend the time to file the undertaking.

      (3) In order to stay the enforcement of a money judgment on appeal, the appellant shall include in the undertaking a promise to pay the justice court judgment to the extent that the circuit court affirms the judgment.

      (4)(a) The respondent may object to the sufficiency of an undertaking for costs and disbursements, or to stay enforcement of the judgment, including the amount of the undertaking, the security for the undertaking or the qualifications of a surety.

      (b) The objection to the sufficiency of an undertaking must be filed as provided in ORCP 82. Notwithstanding ORCP 82 F, the respondent must file the objection within 14 days after the date on which a copy of the undertaking is served on the respondent. The justice court for good cause may extend the time to file the objection. The justice court shall decide the sufficiency of the undertaking in the manner provided by ORCP 82.

      (5)(a) If a tenant on appeal of a judgment for possession of real property files an undertaking to stay enforcement of the judgment during the appeal, absent a bond or sufficient surety, the tenant shall support the undertaking by promising to deposit with the justice court by a date certain each month the fair market rental value of the real property. The justice court may determine the fair market rental value of the real property based on the written or oral rental agreement between the parties or other evidence of the monthly rent amount due or in effect at the time the court’s determination is made.

      (b) The tenant must deposit the fair market value of the property with the justice court each month by the date specified in the undertaking or as ordered by the justice court. If the tenant fails to timely deposit the monthly amount, the landlord shall be entitled to enforce the justice court judgment notwithstanding the pendency of the appeal to the circuit court. Upon motion by the landlord, the justice court may order issuance of a notice of restitution in accordance with ORS 105.153 or a writ of execution of judgment of restitution in accordance with ORS 105.156. For purposes of ORS 105.159 (3), any period during which the justice court judgment is stayed shall not be considered as part of the 60-day time period.

      (c) On receipt of the circuit court’s judgment disposing of the appeal, the justice court shall disburse the money deposited by the tenant in accordance with the circuit court’s judgment.

      (6) When judgment is given in the circuit 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. [2025 c.268 §25]

      55.310 Stay of proceedings without undertaking. If the judgment from which the appeal is taken is in favor of the appellant, the proceedings on the judgment are stayed by the filing of the notice of appeal and the undertaking for the costs of the appeal. [2025 c.268 §26]

      55.315 Recall of execution when stay granted. If enforcement of a judgment is stayed under ORS 55.305 (3) or 55.310 and execution has been issued to enforce the judgment, on motion of the party against whom judgment was rendered, the justice court shall recall the execution by written notice to the officer holding the execution. Upon recall, the execution must be returned, and all property taken pursuant to the execution that has not been sold must be released. [2025 c.268 §27]

      55.320 Enforcement of judgment in contract action. 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 date the notice of appeal is filed, the respondent files with the justice court an undertaking, with one or more sureties, to the effect that if the judgment is changed or modified on appeal, the respondent will make such restitution as the circuit court may direct. The undertaking must be filed with the justice court after at least two days’ notice to the other party. [2025 c.268 §28]

      55.325 Appeals from actions for recovery of real property. (1) On appeal from a judgment conclusively determining an action for the recovery of real property, notwithstanding ORS 55.185, the justice court shall forward the notice of appeal and the case record to the circuit court within 10 days of the date the appellant files the notice of appeal with the justice court.

      (2) Notwithstanding ORS 105.137, the circuit court shall proceed to set the matter for trial, without scheduling a first appearance, as follows:

      (a) For a claim based on nonpayment as defined in ORS 90.395, no earlier than 15 days and no later than 30 days following the date of receipt of the justice court record; or

      (b) For any other claim, as soon as practicable and no later than 15 days following the date of receipt of the justice court record. [2025 c.268 §28a]

      55.330 Judgment on dismissal or after trial; judgment against sureties. If the circuit court dismisses an appeal, the court shall render judgment as provided in ORS 55.195, which shall include judgment against the appellant for the costs and disbursements of the appeal. When judgment is given in the circuit court against the appellant, either with or without trial of the action, the judgment must also be given against the sureties in the undertaking of the appellant, according to its nature and effect. [2025 c.268 §29]

      55.335 Appeal from circuit court. Upon entry by the circuit court of an order or judgment in the matter, the judgment may be appealed as provided in ORS chapter 19 except as otherwise provided by law. [2025 c.268 §30]

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