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Dwayne B.
Dwayne B., Attorney
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I was sued in small claims court (CA). I countersued. The

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I was sued in small claims court (CA). I countersued. The case against me was dismissed and the judge ruled in my favor in the countersuit. The plaintiff appealed the countersuit decision. My questions are: 1. Do I have to appear at the hearing for the appeal? (the plaintiff has no basis for his appeal) and will the appeal be granted just because I don't show up. 2. If I do appear do I have to bring my evidence again or will the Court have the evidence that I already brought when the case was heard.
Submitted: 2 years ago.
Category: Business Law
Expert:  Dwayne B. replied 2 years ago.
1. Do I have to appear at the hearing for the appeal? (the plaintiff has no basis for his appeal) and will the appeal be granted just because I don't show up.

The "appeal" is a trial de novo which means a completely new trial. If you don't show up to pursue your claim then you lose.

2. If I do appear do I have to bring my evidence again or will the Court have the evidence that I already brought when the case was heard.

Bring your evidence again. Sometimes the court will have the evidence you submitted but sometimes they don't and you don't want to assume it is there and then find out it has been lost in the shuffle.

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Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 27377
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
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