Arkansas Code Annotated

Ark. Code Ann. § 16-96-507 (2026)

Trial de novo

✓ current as of May 2026

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Upon the appeal, the case shall be tried anew as if no judgment had been rendered, and the judgment shall be considered as affirmed if a judgment for any amount is rendered against the defendant, and thereupon he or she shall be adjudged to pay costs of the appeal.

History. Crim. Code, § 357; C. & M. Dig., § 3387; Pope's Dig., § 4230; A.S.A. 1947, § 44-509.

Case Notes

Appellate Jurisdiction.

Circuit court clearly erred when it found that it could not rule on defendant's constitutional challenge to a city ordinance; although defendant had not raised the claim in the municipal court, appeals from a municipal court to circuit court are tried de novo under § 16-96-507, defendant was permitted to raise an argument for the first time on de novo review, and it was undisputed that he had raised the constitutional claim before the circuit court. Wright v. City of Bearden, 2017 Ark. App. 534, 532 S.W.3d 611 (2017).

Default Judgment.

A defendant has a direct right of appeal to circuit court from the entry of a default judgment in municipal court. Murdock v. Slater, 326 Ark. 1067, 935 S.W.2d 540 (1996).

Discovery.

Because a trial in circuit court is treated as an entirely new trial, appellant was required to refile a motion for discovery in order to prevent the state from being relieved of its duty to disclose. Smith v. State, 55 Ark. App. 97, 931 S.W.2d 792 (1996).

Error.

The defendant could not rely on an error in the municipal court as a ground for reversing judgment after he had received an entirely new trial in the circuit court, unaffected by the proceedings in the municipal court. Hogan v. State, 289 Ark. 402, 712 S.W.2d 295 (1986).

It was error for the circuit court to dismiss an appeal from the municipal court on its own motion without notice or prior hearing. Harrell v. City of Conway, 296 Ark. 247, 753 S.W.2d 542 (1988).

Even though the municipal court venue might have been erroneous, where the appellant does not question the fact that he received a fair trial with proper venue in circuit court, there is no basis for reversing the judgment of the circuit court. Griffin v. State, 297 Ark. 208, 760 S.W.2d 852 (1988).

Failure to Appear.

Court is not authorized to affirm the judgment on failure of the appellant to appear, but may, in its discretion, order him to be brought in on warrant, or may dismiss his appeal and order the justice to execute his judgment. Thomas v. State, 41 Ark. 408 (1883).

Former Jeopardy.

Appellant was not required to plead former jeopardy since record of the lower court was before the circuit court on appeal, and it showed an implied acquittal of the higher charge by a jury in the lower court. Strickbine v. State, 201 Ark. 1031, 148 S.W.2d 180 (1941).

Jury Trial.

Circuit court erred in overruling appellant's motion for a jury trial on her appeal from a fine for violating a municipal ordinance. Johnston v. City of Pine Bluff, 258 Ark. 346, 525 S.W.2d 76 (1975).

Lack of Jurisdiction Below.

Information filed in mayor's court is not demurrable because of lack of jurisdiction since the trial on appeal to the circuit court is de novo. Hill v. State, 174 Ark. 886, 298 S.W. 321 (1927).

Where a municipal court's exercise of its jurisdiction was erroneous, defendant was entitled to an entirely new trial before the circuit court, which was not deprived of jurisdiction to hear the matter de novo on appeal by the irregular municipal court proceeding. Killion v. City of Waldron, 260 Ark. 560, 542 S.W.2d 744 (1976); Stephens v. State, 295 Ark. 541, 750 S.W.2d 52 (1988).

In a prosecution for night hunting, the circuit court had jurisdiction to order forfeiture of a truck and shotgun, notwithstanding that the municipal court may not have had jurisdiction to do so. Crow v. State, 56 Ark. App. 100, 938 S.W.2d 874 (1997).

Right to Counsel.

Failure to assign counsel to an indigent misdemeanor defendant in the justice of the peace and mayor's courts did not deprive him of his constitutional rights where, upon appeal to the circuit court, the causes were tried de novo and the defendant was represented by counsel. Cableton v. State, 243 Ark. 351, 420 S.W.2d 534 (1967).

Same Offense.

The accused must be tried in the circuit court, on appeal, for the same offense for which he was tried before the justice. Marre v. State, 36 Ark. 222 (1880); Thomas v. State, 41 Ark. 408 (1883).

Cited: Jaynes v. State, 212 Ark. 410, 206 S.W.2d 7 (1947); City of Star City v. Shepherd, 287 Ark. 188, 697 S.W.2d 113 (1985); Duhon v. State, 299 Ark. 503, 774 S.W.2d 830 (1989); Woodberry v. State, 35 Ark. App. 129, 811 S.W.2d 339 (1991); Sundeen v. Kroger, 355 Ark. 138, 133 S.W.3d 393 (2003).

Notes of Decisions

Cited in 15 cases, 1988–2017 · leading case: Sundeen v. Kroger, 133 S.W.3d 393 (Ark. 2003).

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Sundeen v. Kroger, 133 S.W.3d 393 (Ark. 2003). · cites it 2× “2 However, Sundeen received that de novo review in circuit court, when he appealed his conviction to circuit court.”

Harrell v. City of Conway, 753 S.W.2d 542 (Ark. 1988). · cites it 4× “There was no notice or prior hearing concerning the order of remand.”

Stephens v. State, 750 S.W.2d 52 (Ark. 1988). · cites it 4× “Therefore, she was free to utilize the same defense in the circuit court.”

Murdock v. Slater, 935 S.W.2d 540 (Ark. 1996). · cites it 9× “On appeal, Murdock argues 1) that Ark. Code Ann. § 16-96-507 (1987) entitles him to a direct de novo appeal of the default judgment, and 2) that he is entitled to rely on the belated answer and counterclaim he filed in circuit court or, in the alternative, to a hearing in which…”

Duhon v. State, 774 S.W.2d 830 (Ark. 1989). · cites it 4× “Ark.Code Ann. § 16-96-507 (1987). The constitutionality of an act is ultimately to be determined by this court.”

Weaver v. State, 752 S.W.2d 750 (Ark. 1988). · cites it 2× “When a conviction is appealed from a municipal court to a circuit court, the case is tried de novo, Ark. Code Ann. § 16-96-507 (1987), and the appellant is entitled to a trial by jury.”

Bussey v. State, 867 S.W.2d 433 (Ark. 1993). · cites it 2× “Appeals to circuit court are governed by Ark. Code Ann. § 16-96-507 (1987), which provides: Upon the appeal, the case shall be tried anew as if no judgment had been rendered, and the judgment shall be considered as affirmed if a judgment for any amount is rendered against the…”

Woodberry v. State, 811 S.W.2d 339 (Ark. Ct. App. 1991). · cites it 2× “” Ark. Code Ann. § 16-96-507 (19S1). See also Hogan v.”

Hurst v. State, 2014 Ark. App. 710 (Ark. Ct. App. 2014). · cites it 4× “” Ark. Code Ann. § 16-96-507 (Repl.2006); Whittle v.”

Crow v. State, 938 S.W.2d 874 (Ark. Ct. App. 1997). · cites it 2× “Although appellant argues that the circuit court acquired on appeal only such jurisdiction as the municipal court had, he does not question the circuit court’s general residual jurisdiction to order a forfeiture in an original proceeding in that court.”

Sundeen v. Kroger, 101 S.W.3d 891 (Ark. Ct. App. 2003). · cites it 4× “2d 852, 853 (1988); Ark.Code Ann. § 16-96-507 (Repl.1999). Appellate jurisdiction of circuit courts with respect to appeals from municipal courts is governed by Ark.”

Griffin v. State, 760 S.W.2d 852 (Ark. 1988). · cites it 4× “Even though the municipal court venue might have been erroneous, a point we do not reach, the applicable statute provides for an appeal to circuit court, where the accused is entitled to an entirely new trial, "as if no judgment had been rendered" in municipal court.”

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