Arizona Laws 22-374. Superior court trial or determination of appeal
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 origin or as stipulated by the parties. The condition of the record shall be subject to review by the superior court which may grant trial de novo based upon the court’s evaluation of the sufficiency and condition of the record.
Terms Used In Arizona Laws 22-374
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
B. After a trial de novo or a final determination the superior court may:
1. Adjudge guilt and impose sentence as it deems proper; or
2. Acquit and discharge the defendant and exonerate his bail.
C. After determination of an appeal where there is a recorded transcript, the superior court may:
1. Reverse the court of origin and remand the case to the court of origin and direct a new trial;
2. Reverse the court of origin and direct a verdict of acquittal, discharge the defendant and exonerate his bail.
3. Affirm the court of origin and remand the case to the court of origin for appropriate action.