(1) If a justice court or municipal court has become a court of record under ORS 51.025 or 221.342, an appeal from a judgment involving a violation shall be as provided in ORS chapter 19 for appeals from judgments entered by circuit courts, except that the standard of review is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony. (2)(a) If a justice court or municipal court has not become a court of record under ORS 51.025 or 221.342, the appeal from a judgment involving a violation entered by the justice court or municipal court may be taken to the circuit court for the county in which the justice court or municipal court is located as follows: (A) For a justice court, as provided in ORS 55.160 to 55.335; and (B) For a municipal court, as provided in ORS 221.369 to 221.407. (b) No undertaking shall be required of the party filing a notice of appeal under the provisions of this subsection. (3)(a) Subject to the provisions of this subsection, an appeal from a judgment involving a violation entered by a circuit court may be taken as provided in ORS chapter 19. (b) For the purpose of meeting the requirements imposed by ORS 19.240, the copy of the notice of appeal must be served on: (A) The city attorney, if the appeal is made by the defendant from a decision initially made in a municipal court. (B) The district attorney for the county, if the appeal is made by the defendant from a decision initially made in a justice court. (c) Notwithstanding ORS 19.270, timely service on the city attorney or district attorney under the provisions of this subsection is not jurisdictional and the Court of Appeals may extend the time for that service. (d) Notwithstanding any provision of ORS chapter 19, an undertaking on appeal is not required for an appeal from a judgment involving a violation. (e)(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 paragraph is intended to affect the authority of the circuit court to stay enforcement of the judgment under ORS 19.350, 138.285 or 138.295 or any other authority. (f) The standard of review for an appeal under this subsection is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony. (g) In any case in which only violations are charged, the state may not appeal from an order dismissing the case that is entered by reason of a police officers failure to appear at the trial of the matter if the police officer was timely provided with notice of the trial date. Note: 138.057 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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