Appeal to Superior Court
Cases decided in the Pinal County Justice Court can be appealed to the Pinal County Superior Court, with the exception of Small Claims cases. In reviewing the decision of the justice of the peace or hearing officer, the Superior Court judge will review the audio or transcript of the hearing. An appeal is not retrial of the case and new evidence or testimony cannot be presented. The decision of the appellate judge is rendered by mail and the justice court is notified as well. The decision of the appellate judge is final.
The procedure for filing the appeal is generally the same for all cases. Failure to follow these procedures may result in your appeal being dismissed. This information does not explain all the rules on traffic appeals. To read them entirely, you may review the Arizona Revised Statutes and rules of traffic court procedure at the library. It is recommended that you keep a copy of all your documents and receipts during the appeal process.
- Rules to Appealing a Civil Traffic Case
- Rules to Appealing a Criminal Case
- Rules to Appealing a Civil Case
Steps in the Appeal Process
- Step 1: File Notice of Appeal, Order Transcript and Post Bond
- Step 2: File Appeal Memorandum
- Step 3: Superior Court Notice
- Step 4: Superior Court Decision
File Notice of AppealYou must file a "Notice of Appeal" in the justice court no later than 14 calendar days from the date of the final order or final judgment in your case (5 days for forcible detainer cases). If the appeal is not filed timely, you will lose your right to appeal. The appeal form is different depending on the type of case being appealed.
Order Transcript or Audio Recording on CD of the RecordYou can order a CD audio recording of the record by contacting each individual justice court. The fee for each CD is $25 and prepayment is required. The court will notify you once the CD is ready for pick up. Payment must be made at time of filing the (notice of appeal).
Civil traffic and criminal judgments normally include a fine and points on your license (if you were cited for a moving violation). Sanctions imposed by the court are not suspended or stop when a notice of appeal is filed. The amount of the bond is the total amount of the fine and fees ordered by the court. If you do not set up a payment plan or post the bond and Superior Court decides to enforce the decision made by the Justice Court, your driver's license will be suspended, additional fees will be added to your case and your case may be referred to a collection agency.
For civil and forcible detainer appeals a "cost bond" must be paid at the time the notice of appeal is filed. A supersedeus bond may also be paid, but is not mandatory. Paying the bond will stay the judgment. If the supersedeus bond is not paid then the judgment may be enforced.
For protective order appeals no filing fees are collected unless a money judgment is awarded. No supersedeus bond or cost bond will need to be paid.
After you have reviewed the audio recording or written transcript of your case you will need to prepare and file the Appellant's Memorandum". This is your written explanation of the legal error the justice court made in its decision of your case. The memorandum should be typed or printed on letter-sized white paper, double spaced, and not exceed 15 pages in length, not counting any exhibits from your hearing that you want to attach. The memorandum and one copy must be filed with Justice Court within 60 calendar days from the date the notice of appeal was filed. The Justice Court will then notify Superior Court that an appeal has been filed.
Upon receipt of the appeal, Superior Court will notify you if there are filing fees that must be paid. Upon payment of fees, the Superior Court will request the case file from the Justice Court. If you cannot afford to pay the filing fee, you can contact the Superior Court for information.
After the Superior Court judge has reviewed your case you will receive a written decision by mail.