ORS 53.100
Amendment of pleadings in appellate court

The appellate court may, in furtherance of justice and upon such terms as may be just, allow the pleadings in the action to be amended so as not to change substantially the issue tried in the justice court or to introduce any new cause of action or defense.

Source: Section 53.100 — Amendment of pleadings in appellate court, https://www.­oregonlegislature.­gov/bills_laws/ors/ors053.­html.

Notes of Decisions

Although the appeal in the circuit court is de novo, a party cannot assert either a new cause of action or a new defense in the appeal to the circuit court. Credit Serv. Co. v. Stierly, 261 Or 510, 495 P2d 270 (1972); distinguished in State v. Phillips, 21 Or App 167, 534 P2d 214 (1975)

Green check means up to date. Up to date

Current through early 2024

§ 53.100’s source at oregon​.gov