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Clerk to Release Appeals or Cost Bonds
How Did This Money Get Here
Court rules, statutes, court orders or other authorities may require people in a court case to post money with the Clerk's Office until issues within that case are resolved. Depending on the type of issue, the parties, the complexity of the case and other factors, years can pass between the bond posting date and resolution of related issues. During that time, parties, attorneys, and courts involved may overlook issuance of a court order releasing the money. The Clerk's Office holds the funds until a court order directs the Clerk specifically what to do with those funds.
Before January 1, 2015, when a party to a non-criminal case wanted to appeal a Superior Court finding, former Civil Appellate Rule 10(a) required filing a $500 cost bond with the Clerk. That cost bond may still be ordered by a court but is no longer required.


What's Here
Bonds posted with the Clerk's Office where the need for the bond may have ended and no court order was filed allowing the Clerk to return the money. Below are lists of funds the Clerk is holding:
What's Not Here
Bond types not related to appeal or cost bonds.


Required for Release
The Clerk's Office requires an original or certified copy of a court order that includes a Judge or Commissioner's actual signature--a facsimile stamp is not acceptable.

Court orders must include:
  • The exact amount of money to be released, stated in specific dollars and cents;
  • The full name, including applicable suffixes (Jr., Sr., III, etc.) of the person or entity that will be printed on the "Payable to" line of the payment check. This is the person or entity the money will go to and might not be the same as the person or entity that originally paid the money;
  • The address where the Clerk's Office will mail the check. (Note: Office policy requires checks be mailed--no exceptions)
Once a petition has been filed and a signed court order is issued, mail or deliver the order to any Clerk's Office facility.


What You Can Do Here
Search the list for your name or case. A party or their attorney must file a petition with the court requesting an order be issued directing the Clerk to release these funds. The Clerk's Office will only release money by court order and only as specifically directed in the order. See the Superior Court's Self Service Center for a blank Motion and Order or Stipulation and Order form.


More Information
For more information about the deposit or release of these funds, or to update your address, please email the Clerk's Office at trustresponse@mail.maricopa.gov . Please provide your full name, case number, contact information and other details to aid Clerk's staff in helping you. The Clerk's Office will only assist parties to a case, or their attorneys. Third-party vendors and non-parties must be named in a court order to obtain detailed information, or a payment check.
   
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