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Appealing a Conviction to Circuit Court

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Appealing a Conviction to Circuit Court
When someone is found guilty of a traffic offense in the Tigard Municipal Court, they have the right to file an appeal with the state Circuit Court in Hillsboro. Oregon law provides that a judge in that court will treat an appeal "as though the case had been originally filed with the circuit court and shall try the case anew, disregarding any irregularity or imperfection in the proceedings" in the municipal court. Oregon Revised Statutes (ORS) Section 138.057(f).

A written notice of appeal must be filed within 30 days after the date of the decision in the Tigard Municipal Court to start the appeal process. There is a $270.00 non-refundable filing fee required by the Circuit Court that must accompany the notice of appeal.

A copy of the notice of appeal should be served on the Tigard City Prosecutor by certified mail (preferably with "return receipt requested") or personal service at his office. It is not necessary to personally serve the City Prosecutor.

Once the City Prosecutor has been served, proof of service must be filed with the Tigard Municipal Court. Proof of service should indicate the time, place and manner of service along with copies of the certified mail receipt and return receipt.

For more information about service of the notice of appeal, please review ORS Section 138.057 (b), available in libraries or online at:

http://www.leg.state.or.us/ors/138.html

Once a notice of appeal has been filed, the Tigard Municipal Court will forward the filing fee, notice of appeal, citation and other records to Circuit Court. A new trial date will be set by the Circuit Court.