ORS 157.060
When appeal is perfected

  • amendment of pleadings in appellate court

From the filing of the transcript with the clerk of the appellate court the appeal is perfected and the action is deemed pending therein for trial upon the issue tried in the justice court. In a criminal action, the appellate court has the same authority to allow an amendment of the pleadings on an appeal that it has on an appeal in a civil action. [Amended by 1985 c.342 §15]

Source: Section 157.060 — When appeal is perfected; amendment of pleadings in appellate court, https://www.­oregonlegislature.­gov/bills_laws/ors/ors157.­html.

Notes of Decisions

On appeal from district court to circuit court, criminal matters are heard de novo on the issues determined below and, for such purpose, evidence not presented in the district court upon such issues may be admitted in circuit court. State v. Phillips, 21 Or App 167, 534 P2d 214 (1975)

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