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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.

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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.

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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.

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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. 

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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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