Superior Court Appellate Process

Be aware that when you receive your final order, judgment, or sentence and wish to appeal the ruling you have 5 calendar days in eviction judgments and 14 calendar days  in other civil or criminal cases to file a Notice of Appeal.

Can You Appeal?

Before filing an appeal, know whether or not your case qualifies.  There are three instances that allow for an appeal.

Basic Steps of a Civil Appeal to the Superior Court

There are ten basic steps for appealing a municipal or justice court ruling to a Superior Court

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Steps of a Civil Traffic Appeal

The following are the basic steps that must be taken to properly file or defend a civil traffic appeal.

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Steps of a Criminal Appeal

The following are the basic steps that must be taken to properly file or defend a criminal appeal.

Filing a Notice of Appeal

A Notice of Appeal has to be filed with the court in which your case was first heard (this will be either a municipal or justice court).

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Order the Trial Record

A record on appeal is sent to the Superior Court.  It consists of exhibits and transcripts of the proceedings.

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Arranging for Payment

You have 14 days after the final judgment to make arrangements to pay for the record or transcript preparation fees, unless you have been declared indigent.

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Filing a Memorandum

Filing a written Memorandum with the lower court allows you to tell your side of the case.

Filing a Memorandum - Appellee

If an appeal is filed in a case, the other person/business has the right to file a memorandum in response as to why they believe the court made the correct decision.  Not all counties require the appellee to file a Memorandum, but in some counties if a response is not filed the court rules in favor of the appellant. Contact the Superior Court to see what their policies are.

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Oral Argument

If you wrote, "Oral Argument Requested" in the caption on the front page of your Memorandum the Superior Court will set a time for both sides to appeal to discuss the facts and arguments presented in the briefs.

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Motion for Rehearing

If you believe that a law or fact was misapplied in your case, you are able to request a Motion for Rehearing.  If granted, the Superior Court will decide whether or not an oral argument is allowed. 

Steps for a Trial de Novo

The following are the basic steps that must be taken to ensure that a new trial has been set in a civil traffic appeal.

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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