To Appeal Your Case – What is an appeal?
Guidelines are listed below:
An appeal is a review by a higher court (Pima County Superior Court) for cases originally heard in a lower court (City Court, Justice Court, etc.). This review is to determine whether something improper occurred during the trial or hearing. No new evidence may be introduced. After higher court review, the case is remanded (returned) to the sentencing court either affirming (confirming) or dismissing the original decision.
Basis for filing an appeal
Your appeal will have to be based upon legal grounds, not just because you did not agree with the results of the case. Copies of the Arizona Revised Statutes and Tucson City Code are available at the Pima County Public Library and the University of Arizona Law Library for you to research.
Appeal filing deadline
Your Notice of Appeal must be filed within 14 calendar days of your sentencing date. If the 14th day falls on a day that the court is closed, you will have until the next business day to file your appeal. An appellant memorandum (explanation based on legal grounds) must be filed within 60 days from the last day that the Notice of Appeal could be filed.
Fees
Trials and civil hearings at City Court are digitally recorded. There is a fee of $17.00 for reproducing the digital recording that is sent to Superior Court. Additional copies are available for $17.00 per CD. You may request a waiver of these fees from the judge that sentenced you.
Notification of filing
Once all the legal steps have been completed, your case will be sent to Superior Court. Superior Court will notify you that they have received your appeal. If any Superior Court appeal fees are due, the payment must be paid to that Court by the date noted on your paperwork. Contact Superior Court for information on that Court’s appeal filing fees.
Completion of appeal process
You will be notified of the decision and the court documents will be returned to the originating court. If a court date is scheduled you will be notified, by mail, of the scheduled date, time, and location.