22-261. Judgments which may be appealed
A. Any party to a final judgment of a justice of the peace may appeal therefrom to
the superior court where the judgment or the amount in controversy exceeds twenty
dollars, exclusive of costs.
B. The party aggrieved by a judgment in any action in which the validity of a tax,
impost, assessment, toll or a statute of the state is involved may appeal to the superior
court without regard to the amount in controversy.
C. An appeal shall be on the record of the proceedings if such record includes a
transcript of the proceedings. De novo trials shall be granted only when the transcript
of the proceedings in the superior court's evaluation is insufficient or in such a
condition that the court cannot properly consider the appeal. A trial de novo shall not
be granted when a party who had the opportunity to request that a transcript of the lower
court proceedings be made and failed to do so. At the beginning of each proceeding the
judge shall advise the parties that their right to appeal is dependent upon their
requesting that a record be made of the justice court proceedings. Any party to an
action may request that the proceedings be recorded for appeal purposes. The cost of
recording trial proceedings shall be the responsibility of the court. The cost of
preparing a transcript, if appealed, shall be the responsibility of the party appealing
the case. The supreme court shall establish by rule the methods of recording trial
proceedings for record appeals to the superior court, including but not limited to
electronic recording devices or manual transcription.
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