Criminal Appeals
(current through January 15, 2008) on line or at the library. It is recommended that you keep a copy of all of your documents and receipts during the appeal.(A) THE NOTICE OF APPEAL. To appeal, you must file a "Notice of Appeal" with the Scottsdale City Court within 14 calendar days from the date of the final order or final judgment. If you do not file a "Notice of Appeal" within these 14 days, you lose your right to appeal. Within the time to file your appeal, you must also file an original and one copy of the "designation of the record". This is your list of the recorded dialog and marked exhibits in the court record that you want to include in the appeal.
(B) THE RECORD. On or before the 14-day deadline to appeal, you must also pay for a copy of the proceedings at the hearing. This record will be filed with your appeal at Superior Court. If the proceedings are under one hour in total length, an audio recording will be made, with a nominal fee required. The Trial Court will notify you when the audio recording is available to be picked up. However, if your trial was over one hour in length, a written transcript will be required. The clerk will explain which type of record is required. If a written transcript is required, you will be responsible for locating a transcriber and arranging for the transcription. If you feel that the payment of the cost of the record will cause substantial hardship to you or your family, you may file a request with this Court to proceed as an indigent. This request includes a sworn financial questionnaire that must be completed and that may be subject to a credit check. If you fail to pay for the record or transcript, your appeal may be dismissed.
(C) THE CONDITIONS OF RELEASE PENDING APPEAL. You cannot be forced to post an appeal bond in order to exercise your right to appeal. If you have been released on your own recognizance during the trial at the Scottsdale City Court, this will be your status during the appeal, unless this status is changed by the Court, after notice to you. If the Court required a bond during the trial stage, you may still be required to post this bond during the appeal to ensure your appearance at further court proceedings and to make sure you prosecute the appeal diligently.
(D) THE WRITTEN APPELLANT’S MEMORANDUM. The appellant’s memorandum is your written "brief" or explanation why the trial court ruling was legally incorrect. The memorandum should be typed or printed on 8" x 11" letter-sized white paper, double spaced, and not exceed 15 pages in length, not counting any exhibits from your hearing you want to attach to the memorandum.
(E) FILING THE APPELLANT’S MEMORANDUM WITHIN 60 DAYS. The original Appellant’s Memorandum and one copy must be filed with the Trial Court within 60 calendar days from the end of the original 14-day deadline to file the Notice of Appeal. The Prosecutor then has 30 days to file an "Appellees Memorandum" (response).
(F) WAIT FOR FURTHER INSTRUCTIONS. Once both parties’ memoranda have been filed, you should await further instructions from the Superior Court as outlined in Stage Two below. To keep you informed, remember that the Trial Court must have your current mailing address at all times. Even if you hire an attorney, your address is still required for legal notifications.
(G) NOTIFICATION FROM THE SUPERIOR COURT. If you have completed all of the requirements of the first stage, your case moves to Maricopa County Superior Court where an appeals judge will review your case. About 60 days after you file your memorandum, you will receive a notice from the Superior Court. This notice will assign a Superior Court case number to be referenced in all further correspondence.
(H) SUPERIOR COURT ACTION ON THE APPEAL. If you have completed all of these steps, you will receive a ruling from the Superior Court. The Superior Court has the right to affirm (let stand) the Trial Court ruling, to overrule the Trial Court, to modify part of the Trial Court decision, or, if the record is not clear, to order a new trial in the Superior Court. If the final outcome of your case is that the ruling stands, or if your appeal is dismissed for any other reason, the Trial Court may apply any bond, deposit, or payments already made to any sanctions or fees owed. The Trial Court will notify you regarding any further action necessary to conclude your case after the ruling from Superior Court.
Criminal Appeals Forms
