CrRLJ 9.1: PERFECTING OF APPEAL

(a) Scope of Rule.

This rule applies only to proceedings which are not subject to appellate review under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The proceedings to which those rules apply are defined by RALJ 1.1.

(b) Venue.

Appeals shall be to the superior court of the county in which the court of limited jurisdiction is located. The appeal from a district court located in a joint district court district shall be made to the superior court of the county where the offense was alleged to have been committed.

(c) Notice of Appeal.

The appeal shall be taken by filing in the court of limited jurisdiction that entered the decision a written notice of appeal containing the address of the appellant and the appellant's lawyer within 30 days after entry of judgment. If a motion for a new trial or for arrest of judgment has been timely made, the notice of appeal shall be filed within 30 days after entry of the order denying the motion. The clerk of the court of limited jurisdiction shall immediately upon the filing of a notice of appeal file a copy of the notice with the superior court. Filing the notice of appeal is the only jurisdictional requirement for an appeal. A party filing a notice of appeal shall also, within the same 30 days, serve a copy of the notice of appeal upon the prosecuting authority. An acknowledgment or affidavit of service shall be filed in the court of limited jurisdiction.

(d) The Record.

Within 14 days after the filing of the notice of appeal, the clerk of the court of limited jurisdiction shall file with the clerk of the superior court in which the appeal is pending a transcript duly certified by the court of limited jurisdiction, furnished without charge, containing a copy of all written pleadings and docket entries and including exhibits introduced into evidence in the trial before the court of limited jurisdiction. A cash bail or bail bond filed in the lower court shall at the same time be transferred to the superior court, there to be held pending disposition of the appeal. Evidence not offered in trial in the superior court shall be returned to the court of limited jurisdiction.

(e) Notice of Filing.

The court of limited jurisdiction shall give prompt notice of the filing or mailing of the transcript to the respondent and appellant, giving such particulars as date of filing or mailing and superior court file number if known. Where the court of limited jurisdiction is not located at the county courthouse, such filing may be made by certified mail, in which case the court of limited jurisdiction shall advise appellant and respondent of the date of mailing.

(f) Noting for Trial.

Within 21 days after the transcript is filed, the superior court shall set a trial date and notify the parties of the date.

(Amended September 1, 1996)

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