Superior Court >Lower Court And Admin Appeals

Frequently Asked Questions
What is an Appeal? 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. 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 also fall under the designation of Lower Court Appeals in Superior Court.
  • Special Actions
  • Judicial Review of Administrative Decisions
  • Writs of Habeas Corpus.
return to top

Is there a Superior Court filing fee?
How do I know who will hear my case once it is filed?
  • Notification of assignment will be sent to you by minute entry.
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. The appeal will be based on the legal issues presented in the appellate memorandum.
  • 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 - 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.
    3. 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.
return to top

Can I present new evidence?
  • No. No additional evidence will be allowed unless ordered by the Superior Court.
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. (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.
return to top

click here for Law Library Resource Center