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Rule 29. Record on Appeal; Contents of Record

Arizona Revised Statutes AnnotatedRules of Court Procedure for Civil Traffic and Civil Boating Violations

Arizona Revised Statutes Annotated
Rules of Court Procedure for Civil Traffic and Civil Boating Violations (Refs & Annos)
17C A.R.S. Traffic Violation Cases Civ.Proc.Rules, Rule 29
Rule 29. Record on Appeal; Contents of Record
(a) Appeals shall be on the record. The condition of the record shall be subject to review by the Superior Court. If the Superior Court adjudges the record insufficient or not in proper condition to adjudicate the issues, a trial de novo in the Superior Court shall be granted.
(b) The contents of the record shall consist of only the following: (i) the notice of appeal; (ii) the docket or listing of case events; (iii) the complaint; (iv) the disposition; (v) documentation or record of payment of any sanction, deposit, or bond applicable to the case; (vi) any motions or responses thereto; (vii) the record of the hearing(s); (viii) any exhibits offered in evidence at the hearing (admitted or not); and (ix) the appellate memoranda required or allowed by Rule 33. A party may attach as an exhibit to the appellate memorandum any other certified documents contained in the case file deemed relevant to the appeal.
(c) The trial court may transmit certified duplicate originals of any document in the record.
(d) If it appears to the trial court that the record is insufficient for an appeal on the record, the trial court may, on its own motion or on motion of a party, reset the matter for a new trial within 45 days from such determination. In such event, any appeal rights shall begin to run from the entry of a judgment or order following the new trial. In cases where it appears that the record is insufficient, the preference shall be for a new trial at the trial court level. Notwithstanding the foregoing, cases summarily transferred to the superior court for trial de novo or determined by the superior court 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 in the superior court. Unlike the parties in a trial de novo held in the superior court, the parties in a case remanded pursuant to this rule for a new trial in the original trial court shall have the rights of appeal as provided by statute or rule for all litigants following a trial or the entry of an appealable judgment or order.

Credits

Added as Rule 32 Nov. 9, 1983, effective Jan. 1, 1984. Redesignated Rule 29 and amended Oct. 11, 2002, effective Dec. 1, 2002. Amended Sept. 18, 2008, effective Jan. 1, 2009.

Editors' Notes

HISTORICAL NOTES
Former Rule 29 was redesignated as Rule 26.
17C A. R. S. Traffic Violation Cases Civ. Proc. Rules, Rule 29, AZ ST CIV TRAF Rule 29
Current with amendments received through 02/1/19
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