Rule 21. Appeals

(a) Appeals Panel. Any party aggrieved by a judgment of a municipal court or the traffic tribunal following the adjudication of a civil violation of the motor vehicle code or other applicable statute may appeal the judgment to the appeals panel of the traffic tribunal. An appeal may be claimed by following the procedures established by the chief magistrate, including filing a written Notice of Appeal on a form prescribed by the chief magistrate and by submitting the appeal filing fee established by statute together with any applicable technology surcharges. The most current version of the Notice of Appeal - Appeals Panel is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms. The filing fee is waived when an appeal is taken by the state, the municipality, or other prosecuting authority. The Notice of Appeal shall contain a concise statement of the grounds therefor. A Notice of Appeal shall be filed within ten (10) days of the imposition of the judgment appealed from.

(b) Appeal to the Sixth Division of the District Court. Any party aggrieved by a final written judgment or order of the appeals panel may appeal therefrom to the sixth division of the district court. In accordance with G.L. 1956 § 31-41.1-9, an appeal may be claimed by filing a written Notice of Appeal on a form prescribed by the chief magistrate and by submitting to the traffic tribunal the appeal filing fee established by statute together with any applicable technology surcharges. The most current version of the Notice of Appeal - District Court is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms. The filing fee is waived when an appeal is taken by the state, the municipality, or other prosecuting authority. The Notice of Appeal shall contain a concise statement of the grounds therefor. A Notice of Appeal shall be filed within ten (10) days of the entry of sentence or the final written judgment or order appealed from.

(c) In Forma Pauperis. The court may, upon motion, allow the defendant to proceed in forma pauperis. For specific requirements, see the Traffic Tribunal's Electronic Filing System Guidelines.

(d) Record on Appeal. Except as otherwise provided in subsection (e), the original papers and exhibits filed in the court during trial and the transcript of proceedings, if any, shall constitute the record on appeal of all sentences or judgments imposed in the adjudication of civil violations of the motor vehicle code and other applicable statutes. The appellant shall be responsible for obtaining a written transcript of the hearing(s) that formed the basis for the judgment being appealed. Policies and procedures regarding the ordering, payment, and delivery of transcripts shall be promulgated by the Administrative Office of State Courts. The most current version of a Request for Recording form is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms.

(e) Record on Transmission. The record on appeal, including the transcript necessary for the determination of the appeal, shall be transmitted to the Traffic Tribunal within forty-five (45) days after the filing of the notice of appeal unless the time is extended by an order entered under subdivision (f) of this rule.

(f) Extension of Time for Transmission of the Record. The Traffic Tribunal may extend the time for transmitting the record. The request for extension must be made within the time originally prescribed or within an extension previously granted, and the Traffic Tribunal shall not extend the time to a day more than sixty

(60) days from the date of filing of the first notice of appeal.

(g) Orders for Dismissal. From the time of the filing of notice of appeal, the promulgate orders of dismissal of appeal for failure to comply with these rules, either upon motion of a party or upon the court's own motion.

(h) Statement of Proceedings When no Recording or Recording Unable to be Transcribed. If no recording of the proceedings at a hearing or trial was made, or if the recording or portions thereof are unable to be transcribed, the parties, may by agreement, prepare a statement of the proceedings from the best possible means, including by personal recollection of the hearing or trial. In no event shall an appeal be heard by the appeals panel without the presentation of a transcript of the testimony of the hearing or trial by the appellant or by the submission of a stipulated statement of proceedings as required by this section. If the parties are unable to agree by stipulation as to a statement of the proceedings, the matter shall be remanded to conduct a new proceeding.