Oregon § 221.361 Municipal court that has not become court of record; transfer to circuit court

Oregon Statutes

§ 221.361 — Municipal court that has not become court of record; transfer to circuit court

Oregon § 221.361

Vol.6

Title 21Cities

Ch.221

This text of Oregon § 221.361 (Municipal court that has not become court of record; transfer to circuit court) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 221.361 (2026).

Text

(1)In any municipal court that has not become a court of record under ORS 221.342, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the county in which the municipal court is located. The election must be made within 10 days after the plea of not guilty is entered, and upon the election the municipal court shall immediately transfer the case to the circuit court.

(2)(a) In any municipal court that has not become a court of record under ORS 221.342, a defendant may not enter a conditional plea of guilty or no contest. However, after a ruling adverse to the defendant on any pretrial motion, the defendant, with the consent of the municipal court and the

Free access — add to your briefcase to read the full text and ask questions with AI

(1) In any municipal court that has not become a court of record under ORS 221.342, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the county in which the municipal court is located. The election must be made within 10 days after the plea of not guilty is entered, and upon the election the municipal court shall immediately transfer the case to the circuit court.
(2)(a) In any municipal court that has not become a court of record under ORS 221.342, a defendant may not enter a conditional plea of guilty or no contest. However, after a ruling adverse to the defendant on any pretrial motion, the defendant, with the consent of the municipal court and the prosecutor, may have the case transferred to the circuit court for the county in which the municipal court is located, with the same effect as a transfer described in subsection (1) of this section. The request to transfer must be made within 10 days after entry of the order ruling on the motion and prior to any verdict or plea of guilty or no contest. Upon the request and with the consent of the municipal court and the prosecutor, the municipal court shall immediately transfer the case to the circuit court.
(b) In a case that is transferred under this subsection in which the defendant is charged with only a violation, the filing fee described in ORS 21.135 and the process described in ORS 221.376 (1)(b) and (c) apply.
(3) Upon transfer of the case to circuit court, the prosecutor and the defendant have the same right to appeal the circuit court’s orders or judgments of the case as if the case had been originally commenced in circuit court.