State Trial Courts with Incidental Appellate Jurisdiction, 2010

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Page 1 of 5. Appendix A.

Survey of State Laws on Credit Unions Incidental Powers

Transcription:

ALABAMA: G X X X de novo District, Probate, s ALASKA: ARIZONA: ARKANSAS: de novo or on the de novo (if no ) G O X X de novo CALIFORNIA: COLORADO: District Court, Justice of the Peace,, County, District, and City Limited Division District Court G X X O on the County and of Record County Court L O X X de novo Not of Record CONNECTICUT: DELAWARE: Superior Court G X O O Probate Court O O X Certiorari, de Family Court O X X novo on the, on the DISTRICT OF COLUMBIA: L X X X de novo Justice of the Peace, Alderman's Courts Superior Court G X O O on the FLORIDA: G O X O GEORGIA: Office of Employee Appeals, Traffic County Court O O X on the County Court O O X, or certiorari Probate Court, Probate Court,,, County Recorder s Court State Court L O X O certiorari or on O O X the County Recorder s Court HAWAI I: G X O O de novo/on the Family Court G X O O on the Child Support enforcement District Court L X O O De novo/on the driver s license, Revocation office, Director of Finance

IDAHO: District Court G X ILLINOIS: X small claims X de novo Magistrates Division O X O on the Magistrates Division G X O O on the INDIANA: Superior Court and IOWA: G X X X de novo City and Town Courts District Court G X O O de novo KANSAS: KENTUCKY: O X X on the Magistrates Division criminal on the civil on the Criminal (from ) Civil (from limited jurisdiction judge) G X X X on the District Court LOUISIANA: MAINE: on the, de novo City and Parish, Justice of the Peace, Mayor s Courts on the District Court MARYLAND: G X X X MASSACHUSETTS: MICHIGAN: District Court/Orphan s Court Limited jurisdiction courts G X X X de novo MINNESOTA: on the District, Municipal, and Probate Courts District Court G O X de novo Conciliation Division MISSISSIPPI: G X X X on the County Court O O X de novo s O X X de novo Justice Courts Chancery Court L X X X on the Commission MISSOURI: Circuit Division of the Associate Circuit Divisions of the G X O O on the Associate Circuit (civil) and Municipal X X X de novo (criminal) Division G X O O on the X O X de novo, Associate Division

MONTANA: District Court G X X O NEBRASKA: the - - - de novo District Court G X O O de novo NEVADA: Justice s Court, Municipal, City Courts, and State Boards O X X on the County Court on the Justice Court NEW HAMPSHIRE: O O X de novo O O X on the If is designated court of Superior Court G X O X de novo District Court NEW JERSEY: Superior Court G O O X NEW MEXICO: de novo NEW YORK: Magistrate, Probate, Municipal, Bernalillo County Metropolitan Courts County Court G O X X on the City, Town & Village Justice Courts NORTH CAROLINA: Superior Court G X O X de novo District Court X O O X O O on the District Court L O X X de novo Magistrates NORTH DAKOTA: District Court G X O O OHIO: G X O O on the except for which is de novo the County Court L O O X de novo Mayor s Court L O O X de novo Mayor s Court Court of Claims L X O O de novo OKLAHOMA: Court of Tax Review L X O O OREGON: Not of Record G X X X on the County, Municipal, and Justice Courts Tax Court G X O O on the

PENNSYLVANIA: G X X O on the Philadelphia Municipal, Magisterial District Judge, Philadelphia Traffic PUERTO RICO: Court of First Instance RHODE ISLAND: G X O O on the Superior Court G X O O on the O X X de novo District, Municipal, Probate Courts District Court L X O O on the SOUTH CAROLINA: G X X X SOUTH DAKOTA: G X O O TENNESSEE: Circuit, Criminal and Chancery Courts TEXAS: the Magistrate, Probate, s O X X de novo Magistrates Division G X X X de novo District Court G X X O de novo County-level Courts L O X X de novo UTAH: General Sessions, Municipal, and Juvenile Courts not of, Justice Courts not of, Justice Courts s of de novo Justice Courts VERMONT: District Court G X VIRGINIA: De novo or on the G X O O on the WASHINGTON: WEST VIRGINIA: Probate Court; small claims appealed within Superior Court system Judicial Bureau O X X de novo District Court de novo and de novo on the District, s G X O O on the O X X de novo O X X on the (if no jury trial) (jury trials and preliminary hearings) O X O on the Family Court

WISCONSIN: G X X O de novo WYOMING: JURISDICTION CODES: G = General jurisdiction court. L = Limited jurisdiction court. - = Information not available. X = Yes O = No Definitions of types of appeal: Municipal, and s certiorari: An appellate court case category in which a petition is presented to an appellate court asking the court to review the judgment of a trial court or administrative agency, or the decision of an intermediate appellate court. first instance: If dissatisfied with the de novo verdict of the judge, defendant can go before the jury. de novo: An appeal from one trial court to another trial court that results in a totally new set of proceedings and a new trial court judgment. : An appeal from one trial court to another trial court that is based on the and results in a new trial court judgment. on the : An appeal from one trial court to another trial court in which procedural challenges to the original trial proceedings are claimed, and an evaluation of those challenges are made there is not a new trial court judgment on the case. Source: State administrative offices of the courts.