An appeal of a non-record municipal court case results in which type of trial in the appellate court?

• A. A trial on the record with no new evidence
• B. A new trial as if the case had originally commenced in the appellate court
• C. A review solely of the prior judge's rulings
• D. A summary disposition on the merits

Answer: (B)

When there is no record from the municipal court, the appellate court cannot review the evidence or factual findings as it would with a normal record. To resolve the case fairly, the appellate court holds a trial de novo—essentially a fresh trial in the appellate court as if the case had originally begun there. This allows new evidence, witnesses, and arguments to be presented, and the appellate court renders its own decision based on that new record. The other options don’t fit because they rely on reviewing an existing record, focusing only on the judge’s rulings, or disposing of the matter without a trial.