221.385 Rendering of judgment; remand; notice to municipal court; stays

307 words·~1 min read·/or/ors-chapter-221/appeals/221-385·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

221.385 Rendering of judgment; remand; notice to municipal court; stays.

(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 221.369 to 221.407:

(a)If the circuit court determines that any of the terms of the municipal 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 municipal court decision should be reversed or modified, the circuit court shall render a judgment affirming the decision and remanding the case to the municipal 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 municipal 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 municipal 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 appellate court resolving the appeal, if a party appeals the circuit court judgment.

(5)If enforcement of the municipal court’s judgment was stayed pending disposition of an appeal to circuit court, the stay is automatically vacated when the trial court administrator provides a copy of the circuit court judgment to the municipal court under subsection

(4)of this section. [2025 c.268 §42a]