Right of Appeal Jury Trial / Trial De Novo

You have the right to have your case heard by a jury. Your request for a jury must be filed with the Municipal Court in writing and it must be filed at least ten days prior to the date your case is set for trial. You must also pay a small fee to the Municipal Court Clerk. If you do those things your case will be heard before a jury in State Court before a State Judge. If you do not follow through on your request for a jury trial, the case will be sent back to the Municipal Court.

If you have a trial in Municipal Court and the judge finds you guilty and assesses a fine or jail sentence, you can appeal his finding of guilty. You must file what is called a Request For a Trial De Novo. Forms for this are available at the Municipal Court Clerk’s Office. The Trial De Novo request must be filed within 10 days of the court’s decision in writing, and must be accompanied by a filing fee set by the State Court. The filing fee must be in the form of cash or a money order only. If you do those things you will receive a new trial in front of a State Judge or jury who will hear your case again and make whatever judgment they wish to make. If you pay any part of the fine assessed by the Municipal Court Judge, or you don’t pay the fee required, or you don’t file your request within the ten days in writing, or you abandon your Trial De Novo in State Court you do not get to have the Trial De Novo and the decision of the Municipal Judge is reinstated.

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