(1)(a) On appeal from a justice court to the circuit court in a civil action, or in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 or 21.160 when filing a notice of appeal or other first appearance in the appellate proceeding. (b) The appellant shall either tender payment of the circuit court filing fee to the justice court, or file an application to waive or defer the filing fee with the justice court. The appellant may use the application described in ORS 21.685. (c) The justice court shall transmit the filing fee or application to waive or defer the filing fee to the circuit court of the county in which the justice court is located at the time that the justice court submits the case record as required by ORS 55.185. The circuit court shall rule upon the application, and may waive or defer payment of the filing fee required by ORS 21.135 or 21.160 for the reason and in the manner provided in ORS 21.680 to 21.698. (2) When the state or any political subdivision of the state, or an officer, employee or agent thereof, appearing in a representative or other official capacity, is a party on appeal from a justice court, payment of the filing fee required by ORS 21.135 or 21.160 is subject to ORS 20.140.
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