ORS 53.090
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 transcript of the cause. The transcript must contain a copy of all the material entries in the justice docket relating to the cause or the appeal and any transcript or audio record made under ORS 51.105 (Recording and reporting of proceedings), and must have annexed thereto all the original papers relating to the cause or the appeal and filed with the justice. Upon the filing of the transcript with the clerk of the appellate court, the appeal is perfected. Thenceforth the action shall be deemed pending and for trial therein as if originally commenced in such court, and the court shall have jurisdiction of the cause and shall proceed to hear, determine and try it anew, disregarding any irregularity or imperfection in matters of form which may have occurred in the proceedings in the justice court. If the transcript and papers are not filed with the clerk of the appellate court within the time provided, the appellate court, or the judge thereof, may by order extend the time for filing the same upon such terms as the court or judge may deem just. However, such order shall be made within the time allowed to file the transcript. [Amended by 1985 c.342 §9; 2015 c.623 §9]

Source: Section 53.090 — Transcript to be filed; proceedings on appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors053.­html.

Notes of Decisions

On appeal from district court to circuit court, criminal matters are heard de novo on the issues determined below and, for such purpose, evidence not presented in the district court upon such issues may be admitted in circuit court. State v. Phillips, 21 Or App 167, 534 P2d 214 (1975)

Upon de novo appeal from a district court, rulings of the prior district court are not binding on the circuit court. State v. Stacey, 25 Or App 97, 548 P2d 527 (1976)

Date of defendant’s conviction of driving under influence of intoxicants (for purpose of [former] ORS 484.365) was date of conviction in circuit court resulting from de novo appeal, not date of prior judgment in lower court. State v. Lyman, 30 Or App 955, 569 P2d 39 (1977)

The period for filing of the trial transcript begins to run only after conflicts regarding qualification of sureties have been resolved by district court. Green v. Lilly Enterprises, 278 Or 85, 562 P2d 1204 (1977)

Where defendant filed copy of original court file with appeal but failed to file certified transcript of original proceeding, filing was inadequate. State v. Helleson, 43 Or App 463, 602 P2d 1158 (1979); City of Astoria v. Swehla, 132 Or App 212, 888 P2d 22 (1994)

Green check means up to date. Up to date

Current through early 2024

§ 53.090’s source at oregon​.gov