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  • Can I Appeal A Judgment from Justice Court?

    Appeal Information and Basic Procedure

    Cases decided in the Green Valley Justice Court can be appealed to the Pima County Superior Court, with the exception of Small Claims cases. In reviewing the decision of the justice of the peace or hearing officer, the Superior Court judge will review the audio or transcript of the hearing. An appeal is not a retrial of the case and new evidence or testimony cannot be presented. The decision of the appellate judge is rendered by mail and the justice court is notified as well. The decision of the appellate judge is final.

    Procedure

    The procedure for filing the appeal is generally the same for all cases. We have provided appeal packets on our webpage.  Simply select the packet based upon your type of case.  Failure to follow the procedure in the packet may result in your appeal being dismissed.  It is recommended that you keep a copy of all your documents and receipts during the appeal process.

    There are four basic steps to file an appeal:

    STEP 1: FILE NOTICE OF APPEAL, ORDER TRANSCRIPT and POST BOND (optional)

    • File Notice of Appeal
      You must file a "Notice of Appeal" in the justice court no later than 14 calendar days from the date of the final order or final judgment in your case (5 days for eviction cases). If the appeal is not filed timely, you will lose your right to appeal.
    • Order Transcript or Audio Recording on CD of the Record
      Contact the justice court to obtain an audio recording of your hearing.  There is a fee of $25 for this service.
    • Post Bond (Applies to Civil and Eviction appeals only)

      For civil and eviction appeals a "cost bond" must be paid at the time the notice of appeal is filed. A supersedeus bond may also be paid, but is not mandatory. Paying the bond will stay the judgment. If the supersedeus bond is not paid then the judgment may be enforced.

      NOTE: Civil traffic and criminal judgments normally include a fine and points on your license (if you were cited for a moving violation). Sanctions imposed by the court are not suspended or stop when a notice of appeal is filed. The amount of the bond is the total amount of the fine and fees ordered by the court. If you do not set up a payment plan or post the bond and Superior Court decides to enforce the decision made by the Justice Court, your driver's license will be suspended, additional fees will be added to your case and your case may be referred to a collection agency.

    STEP 2: FILE APPEAL MEMORANDUM

    After you have reviewed the audio recording or written transcript of your case you will need to prepare and file the "Appellant's Memorandum". This is your written explanation of how the justice court erred in its decision of your case. The memorandum must be typed or printed on letter-sized white paper, double spaced, and not exceed 15 pages in length, not counting any exhibits from your hearing that you want to attach. The memorandum and one copy must be filed with Justice Court within 60 calendar days from the date the notice of appeal was filed. The Justice Court will then notify Superior Court that an appeal has been filed.

    STEP 3: SUPERIOR COURT NOTICE

    Upon receipt of the appeal, Superior Court will notify you if there are filing fees that must be paid. Upon payment of fees, the Superior Court will request the case file from the Justice Court. If you cannot afford to pay the filing fee, you can contact the Superior Court for information.

    STEP 4: SUPERIOR COURT DECISION

    After the Superior Court judge has reviewed your case you will receive a written decision by mail.

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    Justice Court - Green Valley

    601 N. La Cañada Drive
    Green Valley, AZ 85614

    Phone: (520) 222-0200
    Fax: (520) 648-2235


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