Justice Court

Instructions – Appeal from Municipal or Justice Court • OJD Official • January 2026

Certain decisions made by a Municipal or Justice Court can be appealed to the same county’s Circuit Court if the Municipal or Justice Court is not a “court of record.” You can ask staff if the court hearing your case is a court of record or check the Municipal & Justice Court Registries on the Oregon Judicial Department website.

If the court that issued your decision has been designated as a court of record, appeals must be filed with the Oregon Court of Appeals. See the Oregon Judicial Department appellate court information page for more information about filing with the appellate court.

Important Contact Information

Oregon Judicial Department

Oregon State Bar Lawyer Referral Service

Phone: 503-684-3763 or toll-free in Oregon at 800-452-7636

If you are deployed or about to be deployed, contact the Oregon State Bar Military Assistance Panel for information about special rights and rules that may apply to you.

Information

Timing

• Your appeal must be filed within 30 days of the date of entry of the judgment in the records of the Municipal or Justice Court.

Step 1: Filling Out Forms

Filling Out the Forms

• Fill out the Notice of Appeal from Municipal or Justice Court form.
  • Fill in the party names as they appear on your Municipal or Justice Court order or judgment (Plaintiff and Defendant).
  • For the appeal, you are also the “Appellant” (person who is appealing).
  • Your party type in the case stays the same. If you were the Plaintiff in the Municipal or Justice Court, you are still the Plaintiff and also the Appellant.
  • Fill in the case number from your Municipal or Justice Court case.
• If you are low-income, you may qualify to have your filing fee deferred or waived by the Circuit Court. If you think you qualify, fill out and file the Application for Fee Deferral or Waiver form. There is no fee to appeal a misdemeanor case.

Reviewing Documents

You may have a lawyer review your documents before you file. For information about how to find a lawyer, call the Oregon State Bar at the number on page 1. If you are low-income, you may get your documents reviewed for a smaller fee through the Oregon State Bar’s Modest Means program, or call your local Legal Aid office.

Making Copies

Make one copy of all the completed forms for your records. See Step 2 for additional copies you will need.

Step 2: Filing Forms

File your forms

Send or bring the Notice of Appeal from Municipal or Justice Court to the Municipal or Justice Court that heard your case. The Municipal or Justice Court will provide you with contact information for all other parties you need to serve copies on (see “Certificate of Service” below). The Municipal or Justice Court will notify the Circuit Court of your appeal.

Filing Fee

If you are appealing a misdemeanor case, filing is free. For all other cases, you will need to pay the filing fee or file an Application for Fee Deferral or Waiver and Order re: Deferral or Waiver of Fees.

Send or bring your fee or application to the Municipal or Justice Court with your Notice. The Municipal or Justice Court will send your paperwork to the Circuit Court. The Circuit Court will process your application. If your application is denied, the Circuit Court will tell you what to do next.

It is your responsibility to make sure the filing fee is deferred, waived, or paid.

Certificate of Service

Keep a copy of each Notice you send and complete the Certificate of Service at the bottom after you serve it. File the completed copies with the Municipal or Justice Court.

Hearing

You will receive notice of the hearing date, time, and location. Make sure the courts always have current contact information for you.

ADA Accommodation

Tell the Circuit Court as soon as possible, but at least four court business days before your hearing:

• If you have a disability and need an accommodation. Contact the court’s ADA Coordinator about what type of assistance you need or prefer.
• If you need a foreign language or sign language interpreter.

• Trial by Declaration
• Not Guilty Plea and Request for Trial

For Plaintiffs

• Small Claims Instructions for Plaintiffs
• Small Claim and Notice of Small Claim (packet)
• Acceptance of Service
• Certificate of Service
• Certificate of Service by Mail
• Certificate of Service Mailing
• Request for Alternate Service (packet)
• Judgment of Dismissal (debt paid)
• Judgment of Dismissal (voluntary)
• Motion for Default Judgment and Defendant Status Declaration
• Small Claim Judgment and Money Award
• Satisfaction of Judgment
• Declaration of Non-Compliance and Request for Judgment (packet)

For Defendants 

• Small Claims Instructions for Defendant
• Defendants Response
• Motion and Order to Transfer to Circuit Court (packet)
  Counterclaim exceeds $10,000

• Juror Questionnaire

For Landlords

• Residential Eviction packet
  • Residential Eviction Complaint
  • Notice Re: Eviction for Nonpayment of Rent
  • Residential Eviction Summons
  • Notice to Defendants
  • Declaration of Non-Military Service and Non-Incapacitated Defendant(s)
• General Judgment of Dismissal
• Stipulated Agreement and Order
• Declaration of Non-Compliance with Stipulated Agreement

For Tenants

• Answer to a Residential Eviction and Certificate of Service by Mail
• Defendant's Request for Hearing to Contest a Declaration of Non-Compliance

Public Records Request