Superior Court >Lower Court And Admin Appeals Frequently Asked Questions

What is an Appeal? How do I? Is there a Superior Court filing fee? How do I know who will hear my case once it is filed? Will I get a new trial? Can I present new evidence? How do I know how my case will proceed through the system? How do I know what some of these legal terms mean?

What is an Appeal? To ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. After the lower court judgment is entered into the record, the losing party (appellant) may file a notice of appeal, request transcripts or other records of the trial court (or agree with the other party on an "agreed-upon statement"), file briefs with the appeals court citing legal reasons for over-turning the ruling, and show how those reasons relate to the facts in the case. No new evidence is admitted on appeal, for it is strictly a legal argument. How do I? Locate the Rules for Appeal from a Municpal 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 fall under the designation of Lowere Court Appeals in Superior Court.

• Special Actions, Judicial Review of Administrative Decisions and Writs of Habeus Corpus.

return to top

Is there a Superior Court filing fee?

• Please click on the following link - www.clerkofcourt.maricopa.gov.

How do I know who will hear my case once it is filed?

• Notification will be sent to you by minute entry of assignment.

Will I get a new trial?

• No, The record that was made of your trial in the trial court will be reviewed by the Superior Court Judge. The appeal will be based on the legal issues.
• Oral Arguments.
1. 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.
2. Criminal - 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. Superior Court may limit the time for oral argument.
3. Civil - 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. Superior Court may limit the time for oral argument.

return to top

Can I present new evidence?

• No. No additional evidence will be allowed unless ordered by the Superior Court Judge.

How do I know how my case will proceed through the system?

• Click on Lower Court Appeals - FlowChart

How do I know what some of these legal terms mean?

• Trial Court - The court which holds the original trial
• Appellant - The party who appeals the trial court decision
• Appellee - The opposing party (respondent)
• Plaintiff - The party who initiate 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 file a petition
• Respondent - The party who is required to answer a petition for a court order or writ.
• Record - Anything including testimony evident ruling and sometimes arguments that have been recorded
• Transcript - Audio record transcribed to written format
• Memorandum - Your written brief or explanation of why the trial court ruling was legally wrong
• Trial de Novo - A form of appeal in which the appeals court determines an insufficient record may be remanded back to the trial court for new trial.
• Affirm - Ruling agrees with and confirms a trial courts decision
• Remand - To send back to trial court for further action

return to top