What is an Appeal
So the case did not go your way and you want to file an Appeal. This might not mean what you think it does.
An appeal is a request to have a higher court review a trial court's decision. Appeals from Justice Court decisions go to Superior Court. The Superior Court judge or commissioner will look at the facts as they were originally presented and determine if the first judge did not properly follow the law.
Know that:
- You may not present any new evidence,
- No witnesses may testify,
- There is no jury, and
- This process is only to determine if the laws and published rules of procedure were followed.
You must first file a Notice of Appeal with the justice court. Then you must gather all the records from the case including copies of all documents and recordings from any hearings so you can write your memorandum. If your hearing lasted longer than 90 minutes, you must also have it transcribed at your expense.
There will be a cost to file the appeal. There may be a cost for the copies and transcripts. The appeals process may require that you also post a bond with the court. Some court customers may qualify for a fee waiver or deferral, but the judge will need to review and approve the application. Contact the court to apply.
Case Types
Official Rules of Procedure for cases in justice courts allow for an appeal to be filed after the judgment in all but Small Claims cases. The timelines, forms, procedures, and requirements vary from case type to case type.
Please make sure to follow the procedures or you risk having your appeal dismissed or marked as abandoned.
- If you fail to appear at your hearing and receive a default judgment, you are not allowed to appeal.
- You must file the Notice of Appeal before the close of business within 5 days after the judgment.
- To pause the eviction until the appeal is decided, a tenant must file a supersedeas bond with the court. This is usually an amount equal to the judgment issued in the case.
- You still will be responsible for rent in each new month.
- Rules of Procedure for Eviction Actions.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File an Eviction Appeal.
- If you fail to appear at your hearing and receive a default judgment, you are not allowed to appeal.
- You must file the Notice of Appeal before the close of business within 14 days after the judgment.
- You must file a cost bond with the court to cover upcoming costs.
- To stop the collection of the debt, file a supersedeas bond with the court.
- Justice Court Rules of Civil Procedure.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File a Regular Civil Appeal.
- You must file a Notice of Appeal before the close of business within 14 days after the judgment.
- To stop collection of the fine or fees, file a bond with the court.
- Rules of Procedure for Civil Traffic, Boating, Marijuana, and Other Violations.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File a Civil Traffic Appeal.
- You must file a Notice of Appeal before the close of business within 14 days after the judgment.
- Rules of Criminal Procedure.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File a Criminal Traffic Appeal.