Appellate Jurisdiction and Procedure

The Superior Court shall have appellate jurisdiction in all cases tried and determined in the:

(a)Traffic Division wherein the amount of the fine levied is more than One Hundred Fifty Dollars ($150). Such an appeal shall be taken within five

(5)court days after the judgment is rendered by the Traffic Division and shall be taken by filing a written notice of appeal with the Clerk of the Superior Court. The appeal shall be a trial on the merits de novo;

(b)Small Claims Division pursuant to Article 2 of this Chapter. 1985 SOURCE: CCP § 83 (P.L. 12-85) as modified. 1985 COMMENT: The appellate function over traffic cases is retained in the Superior Court. However, former § 83 CCP is modified to reflect the actual situation in which the traffic division does not hear cases in which imprisonment may be imposed, the nomenclature of the courts adopted by this Title and the procedure and rule-making powers, also adopted by this Title. Former § 83 CCP was repealed by P.L. 13-187 upon adoption of the Criminal Procedure Code. Section 1.09(b) provides that a defendant in the traffic court shall have a right to appeal and obtain a trial de novo in any case. This Section adopts that, and provides for a more detailed procedure than is stated in the Criminal Procedure Code. In that Code no mention is made as to times, nor methods of appeal to the Superior Court.