2015 ORS 53.100¹
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.

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)


1 Legislative Counsel Committee, CHAPTER 53—Appeals in Civil Actions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors053.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 53, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano053.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.