Appealing A Small Claims Judgment
Overview
If you disagree with the decision reached by the judge after your small claims trial, you can file an appeal. The court’s decision will not be binding or enforceable until the appeal period has expired. Both the plaintiff and the defendant have 7 calendar days from the date the decision was filed (plus three calendar days if the decision was mailed) to object or appeal the decision.
When you appeal, the case is reviewed by a District Court judge. The judge will only look at the evidence that was presented at trial. The District Court judge's job is to determine whether the Justice Court justice of the peace made an error in applying the law. The judge reviewing your appeal can set aside, confirm, or modify the small claims judgment, and could even order a new trial.
It is important to remember that an appeal is not a new trial. You won't be able to input new evidence into the case. The District Court judge can only review tesstimony or evidence that was presented at trial.
To appeal a small claims court judgment, follow these steps:
Step 1: Determine if you can file an appeal; know your dealines
Step 2: File a Notice of Appeal and post any required bond
Step 3: Serve the Notice of Appeal
Step 4: File brief if required; track your case
Step 1: Determine if you can file an appeal; know your deadlines
The Justice Court Rules of Civil Procedure explain the process for filing a small claims appeal. The appeal rules begin at Rule 98.
You have SEVEN (7) days from the time you receive a judgment to file your appeal. (JCRCP 98) If the court sends you their judgment through the mail, you have an additional 3 days. (JCRCP 6d).
Step 2: File a Notice of Appeal; post any required bond
A small claims appeal begins by filing a Notice of Appeal to District Court. Follow the link below to fill out and print your Notice of Appeal.
SMALL CLAIMS NOTICE OF APPEAL TO DISTRICT COURT
PDF FILLABLE
A small claims appeal has a filing fee of $97. If the Justice Court ordered that your filing fees should be waived, this fee is also waived. If you need to request that these fees be waived now, you can fill out and print the fee waiver form below.
APPLICATION TO WAIVE FILING FEE
Pdf Fillable
You must also post a bond at the time you file your appeal. Bonds are required and cannot be waived.
PLAINTIFF - If you were the Plaintiff and you want to appeal a judgment in favor of the Defendant, your bond is $115. (JCRCP 100).
DEFENDANT - If you were the Defendant and you want to appeal a judgment in favor of the Plaintiff, you will pay:
$115 bond AND;
A bond equal to the judgment*, plus interest;
*This part of the bond could be as simple as a sworn statement promising to pay the judgment. The court may also require you to post a cash or surety bond for the entire amount of the judgment.
Step 3: Serve the Notice of Appeal
When your Notice of Appeal is filed with Justice Court, it is scanned and file stamped by the court clerk. You will need to obtain a file-stamped copy of your Notice of Appeal and then mail it to the other party. If they were represented by an attorney in the small claims hearing, send the Notice of Appeal to them.
Step 4: File a brief if necessary, track your case
While it is not always required, the District Court may want you to file a brief. A brief is a written statement that details where you believe the Justice Court made a mistake of law.
If briefs are required, the District Court will send the parties a briefing schedule, instructing the parties to prepare and submit their briefs by a certain date.
If the court orders you to submit a brief, you can fill out and print the brief by following the link below:
APPELLATE BRIEF
Click to visit Basics of Court Forms and Filing to learn about filling out legal forms and filing with the justice courts, or click to visit Justice Courts for links and contact information for your court.
You can track the progress of your case by searching online. Go here to track your case.
Once your small claims has been appealed to the district court, there is no further appeal available to you.
