22-264. Transmittal of court record and papers

296 words·~1 min read·/az/title-22/22-264

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. When an appeal is taken the justice of the peace shall make a certified copy of all court record documents, exhibits and other objects filed with the court and transmit them, together with a certified copy of the bill of costs, to the clerk of the superior court. The record of the proceedings shall be certified by the justice of the peace or as stipulated by the parties.

B. The superior court may order the justice of the peace, on motion and cause shown, to transmit the items that are listed in subsection A of this section, and may fine the justice of the peace for neglect or refusal to transmit those items within the time ordered.

C. The copy of the court record documents, exhibits and other objects filed with the court shall be transmitted to the clerk of the superior court within ten days after filing the bond on appeal. If not transmitted within that time, the appellee may file in the superior court an affidavit stating:

1. The entry of judgment in the justice court and the date and amount thereof.

2. That notice of appeal was given.

3. That an appeal bond was filed, giving the names of the sureties and the amount of the bond.

D. On filing the affidavit as provided in subsection C, appellee may move the superior court to affirm the judgment, and the court, unless good cause is shown why the record was not transmitted, shall affirm the judgment and render judgment against appellant and the sureties on the appeal bond for the amount of the judgment in the justice court.

E. If good cause is shown the court may extend the time for transmitting the record on appeal on such terms as it deems proper.