Oregon Revised Statutes Chapter 221 § 221.402 — Circuit court proceedings in certain appeals

Circuit court proceedings in certain appeals. (1) On appeal by the defendant of a judgment under ORS 221.389 (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 municipal court judgment, the circuit court shall render a judgment as provided in ORS 221.385 (2)(a). (2) On appeal by the defendant of a judgment under ORS 221.389 (1)(a) or (d) involving a violation, if the circuit court determines that no term of the municipal court judgment should be reversed or modified, the circuit court shall render a judgment as provided in ORS 221.385 (2)(b) or (3). (3) On appeal by the defendant of a judgment or order under ORS 221.389 (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 221.389 (3), if the circuit court determines that relief should be granted, the circuit court shall vacate the judgment and: (A) Remand the case to the municipal court for further proceedings; or (B) Retain the case in the circuit court for further proceedings, if the municipal court has adopted a rule described in paragraph (b) of this subsection. (b) A municipal court, with agreement of the presiding judge of the circuit court of the county in which the municipal 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 municipal court judgment is vacated. (5) On appeal by the prosecution under ORS 221.392 (2)(a) to (d), after the circuit court has decided the matter appealed, and notwithstanding ORS 221.396, 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 221.385 (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 municipal court for further proceedings. (6) On appeal by the prosecution under ORS 221.392 (2)(e) to (g), the circuit court shall render a judgment reflecting its decision and remanding the case to the municipal court. (7) On appeal by the prosecution under ORS 221.392 (3), if the circuit court determines that relief should not be granted, the circuit court shall render a judgment vacating the municipal court’s order granting relief and remanding the case to the municipal court for further proceedings. [2025 c.268 §47]