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Lower Court and Administrative Appeals Information
The Superior Court in Maricopa County handles appeals from 23 Municipal Courts and 26 Justice of the Peace Courts. The Superior Court established a consolidated appeals calendar in 2001. That calendar has been expanded and now includes administrative appeals, in addition to all of the criminal and civil appeals from the limited jurisdiction courts. The Judge currently assigned to the appeals department is Judge Patricia Starr.
An appeal is a request to have a higher court reverse the decision of a trial court after a final judgment or other legal ruling has been entered. After the lower court judgment is entered into the record, the losing party (appellant) may file a notice of appeal, and request transcripts or other records of the trial court. The appellant files a brief with the appeals court citing legal reasons for reversing the trial court's ruling. No new evidence is admitted on appeal.
Locate the Rules for Appeal from a Municipal Court or Justice Court. (Trial Court)
Superior Court Rules of Appellate Procedures (SCRAP) and Arizona Revised Statutes.
The intent is that ALL lower court cases - civil, criminal, and civil traffic have unified rules.
- Superior Court Rules of Appellate Procedure - Civil.
- Superior Court Rules of Appellate Procedure - Criminal.
- Rules of Procedure in Civil Traffic Violation Cases.
These categories also fall under the designation of Lower Court Appeals in Superior Court.
- Special Actions
- Judicial Review of Administrative Decisions
- Writs of Habeas Corpus.
Please click on the following link - www.clerkofcourt.maricopa.gov.
Notification of assignment will be sent to you by minute entry.
No. The record that was made of your trial in the trial court will be reviewed by the Superior Court. The appeal will be based on the legal issues presented in the appellate memorandum.
- Civil Traffic - Appeals shall be without oral argument unless requested by the Superior Court or allowed by the Superior Court upon motion of either party.
- Criminal - The Superior Court at any time may order oral argument and shall do so upon the request of a party; the request must be made in the caption of the appellate memorandum.
- Civil - The Superior Court at any time may order oral argument and shall do so upon the request of a party, the request must be made in the caption of the appellate memorandum.
No. No additional evidence will be allowed unless ordered by the Superior Court.
Click on Lower Court Appeals - FlowChart
- Trial Court - The court which holds the original trial. (Municipal or Justice Court)
- Appellant - The party who appeals the trial court's decision
- Appellee - The opposing party (respondent).
- Plaintiff - The party who initiates a law suit by filing a complaint.
- Defendant - The party sued in a civil law suit - or the party charged with a crime.
- Petitioner - One who signs and or files a petition.
- Respondent - The party who is required to answer a petition for a court order or writ.
- Record - An audio or written transcript of the proceeding held in the trial court; including testimony and any evidence admitted in the record.
- Transcript - Audio record transcribed to written format.
- Memorandum - A written brief or explanation of why the trial court ruling was legally wrong.
- Trial de Novo - A form of appeal in which the Superior Court determines there is an insufficient record. The case may be remanded back to the trial court for a new trial.
- Affirm - A ruling that agrees with and confirms a trial court's decision.
- Remand - A ruling that sends the case back to trial court for further action.
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