Appeals

An appeal is a request to have Maricopa County Superior Court review the judgment/ruling of the Scottsdale City Court. If a party is dissatisfied with the Scottsdale City Court’s decision and feels there was a legal error made, they have the right to an appeal process. It is not an opportunity to have a new hearing or present new evidence. There are two separate stages to the appeal process.

The first stage begins in this Court with a party filing a notice of appeal and later a memorandum. When the first stage is complete the case will move into the second stage.

The second stage takes place in the Superior Court where the case is reviewed, ruled on and sent back to Scottsdale City Court.

It is important that the appellant and the appellee comply with the filing deadlines and other provisions of the applicable court rules. Remember, you must complete all steps at both stages, or you run the risk of having your appeal dismissed.

Notice of Right to Appeal

The Notice of Right to Appeal (NORTA) is provided to the party after the hearing/judgment which explains the appeal rights and process. This does not encompass everything about appeals but is a general overview of the process. It is recommended that you keep a copy of all your documents and receipts during the appeal process.

Filing of a Notice of Appeal

To appeal, you must file a Civil or Criminal Notice of Appeal with Scottsdale City Court within 14 calendar days (21 for documentary hearings) from the date of the final order or final judgment. If you do not file within the timeline, you may lose your right to appeal.

A Notice of Appeal needs to be filed to begin the process. There is a $17 minimum clerk fee that is required to obtain a copy of the case record. There is no cost for an Order of Protection or Injunction Against Harassment.

You will be provided with a copy of the entire case file and any audio from the hearing(s). A Designation of Record form may be filed if you need a specific document.

Fines, Fees and Bonds

Criminal cases, Orders of Protection and Injunctions Against Harassment do not need to post a bond to stay the sentencing on the case.

Civil Traffic and Non-Traffic require a bond to be posted in the full amount of the fines and fees in order to stay the sentencing during the appeal process.

Civil cases that have a balance, the appeal process does not freeze the fines and fees or stop it from accruing late fees. You may get on a payment plan or pay the balance in full to be held as bond pending the outcome of the appeal. This would prevent late fees from accruing. If the Superior Court rules in your favor, then the money that was held as a bond will be refunded back to you. If the Superior Court rules in favor of the Scottsdale City Court, then the money posted as bond would be applied to the case. If the balance is left unresolved then the case will go into default, which would add additional fines and fees due to no action being taken on the case. If the balance is still not resolved while the case is in default, then it will be sent to collections. You may receive notices in the mail about Pending Court Action for when the case would go into default and/or collections. Please see Bond Information, Civil Traffic and Payment Options for more information.

Appeal Package

You will receive a copy of the entire case file, and if applicable; a copy of the recorded hearing and admitted exhibits.

Audio Recordings

The Court uses Liberty Recording for audio recordings. You will need a computer and the Liberty Player program to listen to the audio. The program will give you the highest quality recording and the option to isolate microphones.

Download the Free Liberty Player

If the audio recordings are over 90 minutes, you will need to make arrangements, with a court approved transcriptionist, to complete and pay for a written transcript. Information regarding the court’s approved transcriptionist will be provided in the Appeal Package.

Written Appellant Memorandum

Instructions for submitting the written Appellant memorandum and due dates will also be included in the package. Scottsdale City Court will send a copy of the memorandum to the Appellee.

New Trial or Evidence

Parties are not entitled to a new trial in Superior Court. Instead, the Superior Court will consider only the evidence and record that was made in Scottsdale City Court. Parties can file a motion with the Superior Court to consider new evidence. The appeal will be resolved based on arguments presented by the parties in their appellate memoranda. If the judgment is reversed and a new trial is ordered, the new trial will be held in Scottsdale City Court.

Appellant Memorandum

The Appellant memorandum is your written “brief” or explanation why Scottsdale City Court’s ruling was legally incorrect. The memorandum must be:

• typed on 8½" by 11" letter-sized white paper
• double spaced
• cannot exceed 15 pages in length, not counting any exhibits from your hearing you want to attach to the memorandum.

The original and copy of the memorandum must be filed with the Scottsdale City Court. This can also be emailed to [email protected]. Scottsdale City Court will send a copy of the memorandum to the Appellee.

The appellant memorandum must be filed with the court within 60 calendar days from the deadline to file the notice of appeal.

Appellee Memorandum

The Appellee memorandum shall be filed within 30 calendar days of the Appellant memorandum being filed with the Scottsdale City Court. The original copy of the memorandum must be filed with the Scottsdale City Court. This can also be emailed to [email protected]. Scottsdale City Court will send a copy of the memorandum to the Appellant. If the Appellee does not file a memorandum, the appeal will still be submitted to Superior Court.

Transfer to Superior Court

Once the Appellant memorandum has been filed and the Appellee memorandum deadline has passed, Scottsdale City Court will forward the case to Superior Court.

It is the Appellants responsibility to follow up on the case, even if they have not received further correspondence. While the case is at Superior Court, motions and correspondence should be filed directly there, not with the Scottsdale City Court.

As soon as your case moves to Superior Court, you will receive a notice from them regarding filing fee instructions, if applicable. This notice will assign a new case number to use in all further correspondence and instruct you on how to pay the Superior Court filing fee. You must pay this filing fee, or your appeal may be dismissed and your case sent back to Scottsdale City Court.

Remand from Superior Court

Superior Court has the right to affirm (let stand), overrule, or modify part of the Scottsdale City Court decision. If the record is not clear, Superior Court can order a new trial. In addition, if the Superior Court decides the ruling stands, or your appeal is dismissed, Scottsdale City Court may apply any bond, deposit, or payments already made to any sanctions or fees owed. Scottsdale City Court will notify you regarding any further action necessary to conclude your case after the ruling from Superior Court.

Additional Resources

Definitions

Appellant:

Party filing the appeal.

Appellee:

The opposing party in the appeal.

Appeal Memorandum:

The written “brief” or explanation why the trial court’s ruling was legally incorrect.

Remand:

A remand is a court procedure used by higher courts to send cases back to lower courts for further action. Actions such as a new trial or a Remand Sentencing.

Record:

The official file from the proceedings in a trial court, including all complaints, applications, motions and/or other filings by the parties; a transcript or recording of all hearings, and the exhibits that were introduced at any hearing.

Stay Sentencing:

Postponing the execution of a previously imposed sentence.

Transcript:

A verbatim written record of a hearing.

Trial Court:

The justice court or municipal court in which the case originated.