Oregon § 221.407 Appeal from circuit court to Court of Appeals; limitations

Oregon Statutes

§ 221.407 — Appeal from circuit court to Court of Appeals; limitations

Oregon § 221.407

Vol.6

Title 21Cities

Ch.221

This text of Oregon § 221.407 (Appeal from circuit court to Court of Appeals; limitations) 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. § 221.407 (2026).

Text

(1)(a) The state or a city may appeal an order or judgment of the circuit court to the Court of Appeals:

(A)In a proceeding involving a violation, as provided in ORS 138.057.

(B)In a proceeding involving a misdemeanor, as provided in ORS 138.010 to 138.310.

(b)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.

(2)(a) If the order or judgment of the circuit court being appealed arises from a violation or misdemeanor defined by state law or a traffic crime as defined in ORS 801.545, the defendant may appeal the order or judgment to the Court of Appeals:

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(1)(a) The state or a city may appeal an order or judgment of the circuit court to the Court of Appeals:
(A) In a proceeding involving a violation, as provided in ORS 138.057.
(B) In a proceeding involving a misdemeanor, as provided in ORS 138.010 to 138.310.
(b) 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.
(2)(a) If the order or judgment of the circuit court being appealed arises from a violation or misdemeanor defined by state law or a traffic crime as defined in ORS 801.545, the defendant may appeal the order or judgment to the Court of Appeals:
(A) In a proceeding involving a violation, as provided in ORS 138.057.
(B) In a proceeding involving a misdemeanor, as provided in ORS 138.010 to 138.310.
(b) The defendant may appeal an order or judgment arising from a violation or misdemeanor defined by city charter or ordinance as provided in ORS 221.389 (5) and (6).
(3)(a) The filing of a notice of an appeal from a judgment involving a violation does not act to automatically stay the judgment.
(b) Nothing in this section is intended to affect the authority of the municipal 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 §51]
(Generally)