Ariz. Rev. Stat. § 22-261

Current through L. 2024, ch. 259

Section 22-261 - Judgments that may be appealed

A. Any party to a final judgment of a justice court may appeal to the superior court.

B. The party aggrieved by a judgment in any action in which the validity of a tax, impost, assessment, toll or state statute is involved may appeal to the superior court without regard to the amount in controversy.

C. Unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B, the party aggrieved by an order granting or denying a motion to dismiss or quash pursuant to section 12-751 may file an appeal to the superior court. The superior court shall expedite any appeal filed pursuant to this subsection unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise.

D. An appeal shall be on the record of the proceedings if such record includes a transcript of the proceedings. De novo trials shall be granted only when the transcript of the proceedings in the superior court's evaluation is insufficient or in such a condition that the court cannot properly consider the appeal. A trial de novo shall not be granted when a party had the opportunity to request that a transcript of the lower court proceedings be made and failed to do so. At the beginning of each proceeding the judge shall advise the parties that their right to appeal is dependent on their requesting that a record be made of the justice court proceedings. Any party to an action may request that the proceedings be recorded for appeal purposes. The cost of recording trial proceedings is the responsibility of the court. The cost of preparing a transcript, if appealed, is the responsibility of the party appealing the case. The supreme court shall establish by rule the methods of recording trial proceedings for record appeals to the superior court, including electronic recording devices or manual transcription.

A.R.S. § 22-261

Amended by L. 2022, ch. 267,s. 4, eff. 9/23/2022.

Amended by L. 2013, ch. 212,s. 31, eff. 12/31/2013.