§ 13-18. Appeals: notice to return.  


Latest version.
  • (a)

    Any party shall have the right to appeal from a sentence or judgment of the municipal court to the court of common pleas of the county. Notice of intent to appeal, setting forth the grounds for appeal, shall be given in writing and served on the municipal court within ten days after sentence is passed or judgment rendered, or the appeal shall be deemed waived. The party appealing shall enter into a bond payable to the city, to appear and defend the appeal at the assigned term of common pleas, or shall pay the fine assessed.

    (b)

    In the event of an appeal, the municipal judge shall make a return to the court of common pleas to allow the presiding judge of that court to hear the appeal upon the return, as provided by state law. The return shall consist of a written report of the charges preferred, the testimony, the proceedings, and the sentence or judgment. When the testimony has been taken by a reporter as provided in this chapter, the return shall include the reporter's transcript of testimony. The return shall be filed with the clerk of the court of common pleas and placed on the motion calendar of the court of common pleas for disposition, as provided by state law, which proscribes a trial de novo for any appeal from municipal courts.

(Ord. No. 2001-12, 3-27-01)