Superior Court >Lower Court And Admin Appeals

Frequently Asked Questions
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 Lower Court Appeals in Superior Court.
  • Special Actions, Judicial Review of Administrative Decisions and Writs of Habeus Corpus.
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Is there a Superior Court filing fee? 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.
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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? 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
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