12-1179

12-1179. Appeal to superior court; notice;
bond

A. Either party may appeal from a justice court to the superior court in the county
in which the judgment is given by giving notice as in other civil actions within five
calendar days after rendition of the judgment pursuant to this section. The appeal shall
be filed in accordance with this section, and the time to appeal shall not be extended or
otherwise affected by the filing of a motion to set aside or vacate the judgment or
similar motion.

B. A party seeking to appeal a judgment shall file with the notice of appeal a bond
for costs on appeal. The justice of the peace shall set the bond in an amount sufficient
to cover the costs on appeal. The bond shall be payable to the clerk of the justice
court. If a party is unable to file a bond for costs on appeal, the party shall file
with the justice court a notice of appeal along with an affidavit stating that the party
is unable to give bond for costs on appeal and the reasons therefor. Within five court
days after the filing of the affidavit, any other party may file, in the justice court,
objections to the affidavit. The justice of the peace shall hold a hearing on the
affidavit and objections within five court days thereafter. If the justice court
sustains the objections, the appellant shall file, within five court days thereafter, a
bond for costs on appeal as provided for in this section or in such lesser amount as
ordered by the justice court.

C. A party seeking to appeal a judgment may stay the execution of either the
judgment for possession or any judgment for money damages by filing a supersedeas
bond. The justice court shall hold a hearing on the motion within five court days after
the parties advise the justice court of their failure to stipulate on the amount of the
bond. The stay is effective when the supersedeas bond or bonds are filed.

D. The party seeking to stay the execution of the judgment for possession shall
file a supersedeas bond in the amount of rent accruing from the date of the judgment
until the next periodic rental date, together with costs and attorney fees, if any. The
tenant shall pay to the clerk of the justice court, on or before each periodic rental due
date during the pendency of the appeal, the amount of rent due under the terms of the
lease or rental agreement. Such amounts shall be made payable by the justice court to
the owner, landlord or agent as they accrue to satisfy the amount of periodic rent due
under the lease or rental agreement. In all cases where the rent due under the terms of
the lease or rental agreement is paid through the justice court as set forth in this
subsection, the order of the court may include a one-time handling fee in the amount of
ten dollars to be paid by the party seeking to stay the execution of the judgment for
possession. In no event shall the amounts paid per month exceed the amount of monthly
rent charged by the owner for the premises. If the tenant raises habitability as
provided for in sections 33-1324 and 33-1364 as an affirmative defense to the nonpayment
of rent or the tenant has filed a counterclaim asserting a habitability issue, the
justice court shall retain all money paid under this subsection pending a final judgment.

E. If during the pendency of the appeal the party seeking to stay the execution of
the judgment for possession fails to pay the rent on the periodic rental due date, the
party in whose favor a judgment for possession was issued may move the justice court to
lift the stay of the execution of the judgment for possession. The justice court shall
hear the motion to lift the stay of the execution of the judgment for possession and
release accrued monies, if any, within five court days from the failure of the party to
pay the periodic rent due under the terms of the lease or rental agreement. If the
judgment appealed from involves a finding of a material and irreparable breach pursuant
to section 33-1368 or section 33-1476, subsection D, paragraph 3 the justice court shall
treat it as an emergency matter and conduct a hearing on a motion to lift the stay of
execution of the writ of restitution within three days. If the third day is a Saturday,
Sunday or other legal holiday, the hearing shall be held on the next day thereafter.

F. The party seeking to stay the execution of the judgment for money damages shall
file a supersedeas bond in the amount of the judgment, together with costs and attorney
fees, if any. The amount of the bond shall be fixed by the court and payable to the
clerk of the justice court.