COURTS Appeal Process: Probate Court and Traffic Cases

The Act amends rules and procedures applying to probate courts serving counties of more than 150,000 population and having experienced judges. Probate courts thus defined can correct errors and grant new trials, and either party to a civil case in such a probate court may demand a jury trial. Decisions from such courts are to be appealed directly to the court of appeals or supreme court, and de novo appeals to the superior court are eliminated. The Act also amends several code sections to conform with these revisions by providing an exception where the Code would otherwise provide an appeal from the probate court to the superior court. The Act specifically retains the route of appeal from probate court to the superior court for cases involving motor vehicle and traffic offenses, but eliminates de novo trial in the superior court