This text of Oregon § 55.275 (Rendering judgment; remand to justice 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.
(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 jud Free access — add to your briefcase to read the full text and ask questions with AI
(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.