L. R. Prac. Sup. Ct. 9.10

As amended through August 22, 2024

Rule 9.10 - Trials or Hearings De Novo

a. The provisions of Rule 9.10 shall apply only to appeals from the limited jurisdiction courts.

b. The Appeals Department shall review all cases summarily transferred for a trial de novo and independently determine the sufficiency of the record. Where the record may be supplemented or the insufficiency within the record concerns a matter not relevant to the issue(s) on appeal, no trial de novo shall be ordered, but the matter shall be determined on the record.

c. The Appeals Department shall have the authority to review the sufficiency of the record in all matters, and to order a trial de novo when the record submitted by the limited jurisdiction court is found to be insufficient.

d. Trials de novo of criminal and criminal traffic matters will comply with the requirements of Rule 30, Arizona Rules of Criminal Procedure, and shall be set for trial within forty 40 days of the date of the notice of appeal. A request for jury trial in criminal cases where the parties are entitled to a jury trial must be made in writing within five (5) days of the assignment of the case to a judicial officer.

e. Cases summarily transferred to the Superior Court for trial de novo or determined by the Appeals Department to have an insufficient record may be remanded to the original trial court for a new trial or hearing in lieu of a trial de novo. Unlike trials de novo held in the Superior Court, the parties in a case remanded for a trial de novo in the original trial court pursuant to this rule shall have the rights of appeal as provided by statute or rule for all litigants following a trial or judgment.

L. R. Prac. Sup. Ct. 9.10

Added and effective 10/16/2003. Amended June 12, 2013, effective 7/1/2013.