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Rule 8. Criminal Appeals from Lower Courts on the Record

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Yuma County (Refs & Annos)
17C A.R.S. Super.Ct.Local Prac.Rules, Yuma County, Rule 8
Rule 8. Criminal Appeals from Lower Courts on the Record
A. Scope and Definitions.
1. This rule governs appeals to this Court from final judgments of a justice or police court in criminal actions in which either:
(a) a record of the proceedings is made pursuant to Rule 2, Superior Court Rules of Criminal Appellate Procedure; or
(b) an agreed statement as to the record on appeal is filed pursuant to Rule 7(b), Superior Court Rules of Criminal Appellate Procedure; or
(c) by stipulation the determination of guilt is submitted to the trial court upon a record consisting of police or other written reports or recordings.
2. This rule supplements the Superior Court Rules of Criminal Appellate Procedure.
B. Trial de Novo. An appeal of an action to the Superior Court shall be reviewed by the Superior Court on the record of the trial court and not by trial de novo except as provided by Rule 2, Superior Court Rules of Criminal Appellate Procedure.
C. Determination of Indigency. An appellant wishing to proceed as an indigent on appeal pursuant to Rule 5, Superior Court Rules of Criminal Appellate Procedure, shall file the documents required under such rule in the trial court within the time for filing notice of appeal.
D. Designation of Contents of Record on Appeal. In the event a defendant/appellant has not made arrangements for the transcript of the proceedings of the trial court within the time set forth in Rule 7, Superior Court Rules of Criminal Appellate Procedure, the audio recording shall be the record of proceedings of the trial court.
E. Transcription of Recorded Proceedings.
1. When audio recordings of proceedings are ordered transcribed by the Superior Court, the transcript shall consist only of those portions of the recorded proceedings designated by the parties or required by the trial court or the Superior Court.
2. In those cases in which the Superior Court has ordered transcription of the audio recording of any proceeding of the trial court, the appellant shall file with the trial court and serve on the other parties a designation of those portions of the recorded proceedings of the trial court to be transcribed and contained in the record on appeal. Within two days after service of such designation, any other party may file and serve on the other parties a designation of additional portions of the recorded proceedings to be transcribed and contained in the record on appeal.
3. Within five days after the filing of appellant's designation of the record on appeal or within five days after denial of a request to proceed as an indigent, an appellant who is not proceeding as an indigent shall make arrangements with the court reporter to pay for the transcript. Where the proceedings were recorded other than by a court reporter, the arrangements to pay for the transcript shall be made with the trial court.
4. Non-indigent appellants shall pay for the original and one copy of those portions of the transcript which they have designated and for those portions designated by others if those portions are within the composition of the transcript prescribed in Rule 31.8(b)(2), Arizona Rules of Criminal Procedure.
5. The fee for a transcript shall not exceed the fee prescribed by A.R.S. § 12-224(B).
6. The original transcript shall be filed with the trial court for inclusion in the record on appeal, and the copy shall be transmitted to the appellee.
7. Payment for additional copies of the transcript shall be made by the ordering party.
F. Notice of Filing of Record on Appeal. On receipt of the record on appeal, the clerk of the Superior Court shall immediately give notice to all parties of the date of filing in the Superior Court.
G. Dismissal of Appeal.
1. If a non-indigent appellant fails to make satisfactory arrangements for payment of transcript costs, the Superior Court shall dismiss the appeal and remand the action to the trial court for appropriate action.
2. If the appellant's memorandum is not filed as required by Rule 8, Superior Court Rules of Criminal Appellate Procedure, the Superior Court shall dismiss the appeal and remand the action to the trial court for appropriate action.

Credits

Added Nov. 24, 1978, effective Jan. 1, 1979. Amended Sept. 5, 2007, effective Jan. 1, 2008.
17C A. R. S. Super. Ct. Local Prac. Rules, Yuma County, Rule 8, AZ ST YUMA SUPER CT Rule 8
Current with amendments received through 08/15/19
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