(a) Notice of Appeal; Bond or Deposit. A party appealing from a judgment of a municipal court imposing a penalty shall file a notice of appeal with the clerk of the municipal court describing the judgment, stating that an appeal is being taken therefrom to the Law Division of the Superior Court in the county of venue and stating whether or not a verbatim record was made in the municipal court. A copy of the notice of appeal shall be served upon the opposing party, and a copy filed with the deputy clerk of the Superior Court in the county of venue. On appeal from a judgment imposing a penalty, appellant shall deliver to the municipal court a deposit in cash or a bond with at least one sufficient surety, in double the amount of thejudgment; or if the judgment imposes no money penalty or imposes imprisonment with a money penalty, then in such sum as the court fixes, conditioned upon the prosecution of the appeal and compliance with such further order or judgment as may be entered. If the bond is forfeited, it may be prosecuted by the obligee, and if the obligee is the State, then by the State at the relation of the person authorized by law to prosecute the penalty proceeding. The appeal shall be deemed perfected upon service and filing of the notice of appeal and the delivery of the cash deposit or bond.
(b) Stay; Release. On the taking of the appeal and the delivery of the deposit or bond, the court rendering the judgment appealed from shall forthwith order the release of the appellant, if committed or in custody, and thereafter no execution shall issue upon the judgment and the appeal shall operate as a stay of any execution theretofore issued thereon.
(c) Record. The municipal court whose judgment is appealed from shall send a certified copy of the record and judgment in the action, together with the bond or deposit, if any, to the deputy clerk of the Superior Court in the county of venue within 10 days after the appeal is perfected.
(d) Hearing Date. Upon receipt of the municipal court record as provided for by paragraph (c) of this rule, the court shall fix a date for the hearing and mail written notice thereof to the parties.
(e) Hearing. The Law Division of the Superior Court in the county of venue shall hear and determine the appeal in the manner provided by R. 3:23-8(a) insofar as practicable.
(f) Waiver of Defects. The appeal operates as a waiver of all defects in, or the absence of, any process, or as to any matter alleged in the complaint, as in civil actions generally.
(g) Proceedings on Judgment. Any judgment entered upon the appeal may be proceeded upon in the same manner as though the original proceedings had been instituted in the Superior Court, Law Division, and if judgment shall be entered in favor of the appellant, appellant's cash deposit, if any, shall be returned and any bond given shall be cancelled.
