22-264. Transmittal of docket entries and papers

A. When an appeal is taken the justice of the peace shall make a certified copy of all docket entries and the record of the proceedings in the action and transmit it, together with a certified copy of the bill of costs and the original papers in the action, to the clerk of the superior court. The record of the proceedings shall be certified by the justice of the peace or as stipulated by the parties.

B. The justice of the peace may be ordered by the superior court, upon motion and cause shown, to transmit such papers, and may be fined by the superior court for neglect or refusal to transmit them within the time ordered.

C. The copy of the docket entries and other papers shall be transmitted to the clerk of the superior court within ten days after filing the bond on appeal. If not transmitted within that time, appellee may file in the superior court an affidavit stating:

1. The entry of judgment in the justice court and the date and amount thereof.

2. That notice of appeal was given.

3. That an appeal bond was filed, giving the names of the sureties and the amount of the bond.

D. Upon filing the affidavit as provided in subsection C, appellee may move the superior court to affirm the judgment, and the court, unless good cause is shown why the record was not transmitted, shall affirm the judgment and render judgment against appellant and the sureties on the appeal bond for the amount of the judgment in the justice court.

E. If good cause is shown the court may extend the time for transmitting the record on appeal upon such terms as it deems proper.

22-264. Transmittal of docket entries and papers

A. When an appeal is taken the justice of the peace shall make a certified copy of all docket entries and the record of the proceedings in the action and transmit it, together with a certified copy of the bill of costs and the original papers in the action, to the clerk of the superior court. The record of the proceedings shall be certified by the justice of the peace or as stipulated by the parties.

B. The justice of the peace may be ordered by the superior court, upon motion and cause shown, to transmit such papers, and may be fined by the superior court for neglect or refusal to transmit them within the time ordered.

C. The copy of the docket entries and other papers shall be transmitted to the clerk of the superior court within ten days after filing the bond on appeal. If not transmitted within that time, appellee may file in the superior court an affidavit stating:

1. The entry of judgment in the justice court and the date and amount thereof.

2. That notice of appeal was given.

3. That an appeal bond was filed, giving the names of the sureties and the amount of the bond.

D. Upon filing the affidavit as provided in subsection C, appellee may move the superior court to affirm the judgment, and the court, unless good cause is shown why the record was not transmitted, shall affirm the judgment and render judgment against appellant and the sureties on the appeal bond for the amount of the judgment in the justice court.

E. If good cause is shown the court may extend the time for transmitting the record on appeal upon such terms as it deems proper.