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 reviews , 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 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 appeal could be filed.
Trials and civil hearings at City Court are digitally recorded. If the hearing was less than 90 minutes in duration, one CD is forwarded to Superior Court per ARS 22-404. 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. Hearings that are more than 90 minutes in duration require a written transcript. City Court charges $4.00 per page (average cost for 90 minutes of transcription is approximately $480.00). Transcript will be ordered when one-half of the estimated cost is paid. 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 and that the appeal fee (payable to Superior Court) must be paid by the date noted on your paperwork.
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.