Title 22 — Justice and Municipal Courts

The procedure for appeals from a justice court to the superior court shall be as provided by rules adopted by the supreme court.

No appeal shall be dismissed or judgment affirmed by reason of any defect, informality or insufficiency of the appeal bond, if appellant, within such time and upon such terms as the court orders, files a legal and sufficient bond.

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…

Upon receipt of the transcript or papers on appeal from the justice court, the clerk of the superior court shall notify appellant that the transcript or papers will be filed upon payment of the amount provided in section 22-283, and unless paid within fifteen days after giving th…

A. Justices of the peace shall receive fees established and classified as follows in civil actions: Class Description Fee A Initial case filing fee Civil filing fees $ 73.00 B Subsequent case filing fee Civil filing fees — defendant $ 40.00 C Initial case filing fee Forcible entr…

The appellant in a civil action appealed to the superior court from a justice court shall pay to the clerk of the superior court the fee of a plaintiff as provided in section 12-284 at the time of filing the transcript and papers on appeal. The appellee shall within twenty days a…

A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to justice court records, pursuant to rules adopted by the supreme court. B. The presiding judge may impose a fee of not more than one hundred dollars per year fo…

A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts: 1. Misdemeanors and criminal offenses punishable by a fine of not more than $2,500, or imprisonment in the county jail for not more than six months, or by both a f…

If the justice of the peace of the precinct in which the crime is alleged to have been committed is absent therefrom, or for any reason is unable to act, the prosecution may be commenced in any precinct within the county designated by the justice of the peace or in the absence of…

A. If either party in an action pending in a justice court, after the complaint has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B of this section and gives five days' notice to the opposite party, the venue may be changed as pr…

When a change of the place of trial is ordered, the justice of the peace shall transmit to the justice of the peace before whom the trial is to be had all original papers in the proceeding or action, with a certified copy of the minutes of his proceedings. Upon receipt thereof, t…

A. All proceedings and actions before justice courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath, setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to …

A justice of the peace shall keep a criminal court record and shall enter each action and proceeding of the court in the court record.

The rules of criminal procedure for the superior court shall apply to justice courts so far as applicable and when not otherwise prescribed.

A. The defendant, at any time after arrest and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules adopted by the supreme court. B. The justice of the peace shall: 1. Prepare or adopt for use a schedule of traffic violations not invo…

Upon a plea other than a plea of guilty, if no party demands a trial by jury, and a postponement or change of venue is not granted, the court shall proceed to try the action.

A trial by jury shall be had if demanded by either the state or defendant if otherwise authorized by law.

A. The challenges taken by either party to the panel of jurors or to any individual juror shall be as on trials in the superior court. B. The challenge shall in all cases be tried by the court.

When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: "Do you swear or affirm that you will give careful attention to the proceedings, abide by the court's instructions and render a verdict in accordance with the law an…

A. After the jury is sworn, it shall hear the proceedings which shall be in public and in the presence of defendant. B. The court shall decide all questions of law which arise in the course of the trial, but shall not charge the jury with respect to matters of fact.

A. After hearing the evidence of the offense of which defendant is charged, the jury may give its verdict in court or may retire for consideration. B. If the jury does not immediately agree, an officer shall be sworn to take charge of the jury as in trials of criminal actions in …

A. The verdict of the jury shall be either "guilty" or "not guilty." B. When the jury has agreed on its verdict, it shall deliver the verdict publicly to the court who shall enter or cause it to be entered in the minutes. C. When several defendants are tried together, if the jury…

The jury shall not be discharged after the action is submitted to it until it has agreed upon and rendered its verdict, unless for good cause the court sooner discharges it. If the jury is discharged, the court may proceed again to the trial, in the same manner as upon the first …

A. When defendant is acquitted either by the court or the jury, he shall be immediately discharged. B. If the court certifies in the minutes that the prosecution was malicious or without probable cause, it may order the complainant to pay the costs of the action, or to give satis…

A. When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. A sentence of a fine or imprisonment, or both, as the case may be, may be pronounced on the judgment. B. If the court sentences the def…

If the sentence imposes a fine only, without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he shall be discharged as soon as the sentence is pronounced.

A. When a sentence is pronounced imposing a fine and ordering defendant imprisoned until the fine is paid, he shall be held in custody during the time specified in the sentence unless the fine is sooner paid. B. Upon payment of the fine or completion of the time specified in the …

When a sentence of imprisonment is recorded, it shall state the date imprisonment is to begin, and a certified copy of the sentence shall be delivered to the sheriff, marshal or other officer, and shall be a sufficient warrant for execution of the sentence.

A. The defendant in a criminal action may appeal to the superior court from the final judgment of a justice or municipal court. B. The procedure for appeals from a justice or municipal court to the superior court shall be as provided by rules adopted by the supreme court. C. In a…

If an appeal bond has been posted and the final disposition of the appeal remains in the superior court, that court shall enter all appropriate orders in relation to the appeal bond. If an appeal bond has been posted and the cause is remanded to the court of origin as authorized …

A. Execution of the sentence shall not be stayed unless the defendant executes a bond with sureties, in an amount fixed by a justice of the peace or municipal judge of the court in which the judgment was rendered and files the bond with the court. The bond shall be approved by th…

A. On an appeal to the superior court, the justice of the peace or presiding officer of a municipal court shall immediately, without charge, transmit a copy of the court file and of all proceedings as shown by the court record to the clerk of the superior court of the county, who…

After an appeal has been docketed in the superior court, the superior court may on stipulation, on motion of the defendant, or on the court's own motion if the defendant fails to appear for trial, dismiss the appeal and remand the case to the court of origin for appropriate actio…

A. An appeal shall be on the record of proceedings if such record includes a transcript of the proceedings. Trial de novo shall be granted in all appeals wherein a transcript of the proceedings has not been maintained. The record shall be as certified by the judge of the court of…

A. An appeal may be taken by the defendant, this state or any of its political subdivisions from a final judgment of the superior court in an action appealed from a justice of the peace or municipal court, if the action involves the validity of a tax, impost, assessment, toll, mu…

The term " municipal court" as used in this title includes city or town magistrates' courts and all other courts established by law in incorporated cities and towns.

A. In each city or town incorporated under the general laws of this state, there shall be a municipal court. B. Every court established pursuant to subsection A, and every court established in a city incorporated under the provisions of title 9, chapter 2, article 5 or incorporat…

A. The presiding officer of the municipal court shall be a magistrate, who shall be selected in a manner provided by the charter or ordinances of the city or town. The magistrate shall receive such compensation as provided by the governing body of the city or town. B. A justice o…

A. All fines and forfeitures that are collected in a municipal court maintained by a city or town that pays the salaries of the municipal court officers shall be paid to the treasurer of the city or town in which the court is located. B. Except as otherwise provided by law, fees …

A. A municipal court may enforce the collection of monies owed to the municipal court for delinquent fines, fees, sanctions, penalties and restitution through execution or another appropriate process. The action shall be filed in the municipal court and shall be conducted in the …

The city or town may maintain a civil action in the municipal court for the recovery of a penalty or forfeiture provided for the violation of an ordinance. The action shall be brought and conducted as civil actions in justice courts.

A presiding officer of a municipal court who knowingly receives a fine or forfeiture and knowingly fails or refuses or neglects to pay or disburse it according to law within thirty days after receipt thereof, is guilty of a class 2 misdemeanor.

A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to municipal court records, pursuant to rules adopted by the supreme court, after consulting with the governing body of the city or town in which the municipal co…

With the approval of the presiding judge of the municipal court, the municipal court may transact business on the second Monday in October if the city or town is open for the transaction of business on that day.

A. Proceedings in the municipal court for violations of ordinances committed within the corporate limits of the city or town shall be commenced by complaint under oath and in the name of the state, setting forth the offense charged, with such particulars of time, place, person an…

The magistrate shall keep a court record and shall enter each action and proceeding of the court in the court record.

The rules of criminal procedure for the superior court, including the provisions regarding bail, issuance of subpoenas and punishment for disobedience thereof shall apply to municipal courts so far as applicable and when not otherwise prescribed.

A. The defendant, at any time after arrest, and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules adopted by the supreme court. B. The presiding magistrate shall: 1. Prepare a schedule of traffic violations not involving the death …

A. In the trial of offenses for violation of ordinances of cities or towns of such a nature as by the common law were not triable before a jury, no jury trial shall be granted. B. Either party may appeal from a municipal court to the superior court in the same manner as appeals a…

Notwithstanding any other provision of the law to the contrary, a city or town magistrate may perform his duties as authorized by law without the corporate limits of the city or town of which he is the magistrate pursuant to an intergovernmental agreement authorized by title 11, …