Oregon Notice of Appeal
Oregon requires the notice to be filed with the Court of Appeals itself rather than the circuit court, and a small claims judgment cannot be appealed at all.
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Introduction
In Oregon, a notice of appeal from a final civil judgment must be served and filed within 30 days after the judgment appealed from is entered in the register of the circuit court. Oregon has no separate notice-of-entry service requirement like California or New York: the clock runs from entry itself (ORS 19.255(1)). If a motion for a new trial under ORCP 64 or a motion for judgment notwithstanding the verdict under ORCP 63 is filed and served within the time those rules allow, the notice must instead be served and filed within 30 days after the order disposing of the motion is entered, or within 30 days after the motion is deemed denied under ORCP 63 D or 64 F, whichever is first, or within the original 30-day period if that expires later (ORS 19.255(2)). The deadline is jurisdictional: ORS 19.270(2) states it may not be waived or extended. The only statutory exception is narrow and does not apply to an ordinary civil money judgment: a person determined to have a mental illness or to be an extremely dangerous person with mental illness under ORS 426.130, 426.701, or 426.702 may ask the Court of Appeals for leave to file late, on a clear-and-convincing showing that the delay was not personally attributable to that person and a colorable claim of error, and must make that request within 90 days of the order (ORS 19.255(4)). Unlike most states, the original notice of appeal, with proof of service affixed, is filed directly with the Oregon Court of Appeals, not the circuit court clerk; the appellant separately serves a copy on the trial court administrator, and on the trial court transcript coordinator if a transcript is designated (ORS 19.240). ORS 19.250(1) sets out everything the notice must contain, including a designation of the record and a statement of the points the appellant intends to rely on; no statute requires a particular form, but the Oregon Court of Appeals' New Appeal Forms page (https://www.courts.oregon.gov/courts/appellate/forms/Pages/appeal.aspx) provides forms and instructions for filing a notice of appeal. Filing costs $391, payable to the State Court Administrator (confirm the current fee with the clerk), and the appellant must separately serve and file a $500 undertaking for costs within 14 days after filing the notice, unless the trial court waives or reduces it for good cause (ORS 19.300, ORS 19.310). Filing the notice does not automatically stay the judgment; a stay requires a supersedeas undertaking or other relief under ORS 19.335, 19.340, or 19.350 (ORS 19.330). A small claims judgment cannot be appealed at all in Oregon; no appeal may be taken from the judgment (ORS 46.485(4)). The only escape route comes before judgment: a defendant facing a claim over $750 may demand a jury trial in writing within 14 days after service of the claim (ORS 46.455(3)), or a defendant asserting a large counterclaim may do so under ORS 46.461(2)-(3), which moves the case to a full circuit-court proceeding. An appeal reviews the trial court record for legal error; it is not a new trial. This page covers a civil appeal from a final circuit court judgment. Criminal, administrative-agency, federal, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due 30 days after the judgment appealed from is entered in the register of the circuit court, not after any separate notice of entry (ORS 19.255(1)). If a motion for a new trial under ORCP 64 or for judgment notwithstanding the verdict under ORCP 63 is filed and served within the time those rules allow, the deadline instead runs 30 days after the order on that motion is entered, or 30 days after the motion is deemed denied under ORCP 63 D or 64 F, whichever is first, or the original 30 days if that is later (ORS 19.255(2)).
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The deadline is jurisdictional and generally cannot be extended. ORS 19.270(2) states the service and filing deadlines of ORS 19.240, 19.250, and 19.255 may not be waived or extended. The only exception is narrow: a person determined to have a mental illness or to be an extremely dangerous person with mental illness under ORS 426.130, 426.701, or 426.702 may ask the Court of Appeals for leave to file late, on a clear-and-convincing showing that the delay was not personally attributable to that person and a colorable claim of error, and must make that request within 90 days of the order (ORS 19.255(4)); it does not apply to an ordinary civil money judgment.
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File the original notice, with proof of service affixed, directly with the Oregon Court of Appeals, not the circuit court clerk. Separately serve a copy on the trial court administrator, and on the trial court transcript coordinator if a transcript is designated (ORS 19.240(1)-(3)).
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ORS 19.250(1) lists everything the notice must contain, including the title of the cause, the parties and their addresses, a designation of the record beyond the trial court file, and a statement of the points the appellant intends to rely on. No statute requires a particular form; the Oregon Court of Appeals' New Appeal Forms page (https://www.courts.oregon.gov/courts/appellate/forms/Pages/appeal.aspx) provides forms and instructions.
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Filing costs $391, payable to the State Court Administrator (ORS 21.010(1); confirm the current fee with the clerk). The appellant must also serve and file a $500 undertaking for costs within 14 days after filing the notice, unless the trial court waives or reduces it for good cause, including indigence (ORS 19.300(1), ORS 19.310(2)).
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Filing the notice does not automatically stay the judgment. A stay requires a supersedeas undertaking or other relief under ORS 19.335, 19.340, or 19.350 (ORS 19.330).
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A small claims judgment cannot be appealed in Oregon at all; a judgment in the small claims department is conclusive and no appeal may be taken (ORS 46.485(4)). Before judgment, a defendant facing a claim over $750 may demand a jury trial in writing within 14 days after service of the claim (ORS 46.455(3)), or a defendant asserting a large counterclaim may do so (ORS 46.461(2)-(3)); this moves the case to a full circuit-court proceeding and is not an appeal.
Key decisions before you file
Before you file a Notice of Appeal in Oregon, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Oregon Requirements for Notice of Appeal
30-Day Deadline Runs From Entry in the Register
ORS 19.255(1) requires the notice of appeal to be served and filed within 30 days after the judgment appealed from is entered in the register of the circuit court, not after any separate notice of entry.
Deadline Is Jurisdictional and Not Extendable
ORS 19.270(2) makes the service and filing deadlines of ORS 19.240, 19.250, and 19.255 jurisdictional; they may not be waived or extended except a narrow leave-to-file-late option under ORS 19.255(4) for a person determined to have a mental illness or to be an extremely dangerous person with mental illness, on a clear-and-convincing showing the delay was not personally attributable plus a colorable claim of error, which does not apply to an ordinary civil judgment.
New Trial or JNOV Motion Resets the Clock
If a motion for a new trial under ORCP 64 or for judgment notwithstanding the verdict under ORCP 63 is filed and served within the time those rules allow, the notice deadline runs 30 days after the order on the motion is entered, or 30 days after it is deemed denied under ORCP 63 D or 64 F, whichever is first, or the original 30 days if later (ORS 19.255(2)).
Filed With the Court of Appeals, Not the Circuit Court
The original notice of appeal, with proof of service affixed, is filed directly with the Oregon Court of Appeals. A copy is served, not filed, on the trial court administrator and, if a transcript is designated, the trial court transcript coordinator (ORS 19.240(1)-(3)).
Required Contents Under ORS 19.250
ORS 19.250(1) requires the title of the cause naming the appellant and respondent, the parties and their attorneys, the appellant's postal address and email address (or, if self-represented, a statement of having none; if represented, the attorney's addresses), notice to each adverse party of the appeal, a record designation, and a statement of points relied on. The Court of Appeals forms page (https://www.courts.oregon.gov/courts/appellate/forms/Pages/appeal.aspx) provides forms and instructions.
Record Designation Built Into the Notice
The notice itself must designate the portions of the proceedings and exhibits to include in the record beyond the trial court file, functioning as Oregon's record-designation step (ORS 19.250(1)(e)).
$391 Filing Fee and $500 Cost Undertaking
Filing costs $391, payable to the State Court Administrator (ORS 21.010(1); confirm the current fee with the clerk). The appellant must also serve and file a $500 undertaking for costs within 14 days after filing, unless the trial court waives or reduces it for good cause (ORS 19.300(1), ORS 19.310(2)).
No Automatic Stay of the Judgment
Filing the notice of appeal does not automatically stay the judgment (ORS 19.330). A stay requires a supersedeas undertaking or other relief under ORS 19.335, ORS 19.340, or ORS 19.350.
No Appeal From a Small Claims Judgment
ORS 46.485(4) makes a small claims judgment conclusive, and no appeal may be taken from it. Before judgment, a defendant facing a claim over $750 may demand a jury trial within 14 days after service (ORS 46.455(3)), or a defendant with a large counterclaim may do so (ORS 46.461(2)-(3)); this moves the case to a full circuit-court proceeding and is not an appeal.