Chapter 53 - Appeals in Civil Actions
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
