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Unfortunately, if the defendant does not show up for trial related to an unlawful detainer, the decision of the court could not be appealed.
And so what if the Defendant is not prepared. Should the Defendant show up anyways and remain silent?
De Novo standard means, that the higher court will simply review the proceedings that took place in the lower court and will not review any new evidence or testimony.
Defendant should hire an attorney to represent him/her or ask the court for continuance to reschedule the trial.
Does this make sense?
If the Defendant has stated Grounds for Defense but cannot adequately support them and thus loses the case, can the Defendant still appeal?
Defendant can appeal, but the circuit court will only review whether the lower court made a legal error in reaching its decision.
Do you have any related follow up questions for mr?
So, what is the minimum activity at trial to qualify for the appeal?
I am not sure if you understand what appeal means.
Basically, the appellate court will only review the record of the case to see if the judge made an error of law.
It is not a new trial.
There is no criteria for minimum activity as any case can be appealed.
If a motion for continuance is filed, and denied, is that appealable?
If a good faith effort was made to get community legal services, and the intake was turned down, and only a couple days were left to get an attorney, would that affect the motion for continuance and/or the prospects to appeal if denied?
What are the basis for the unlawful detainer?
A neighborhood was acquired by a developer and everyone had to leave. Everyone did, except for one remaining resident.
Well, asking the court to continue trial to allow respondent to obtain legal counsel would be valid legal grounds for continuance.
Even if the motion was filed, would the Defendant still have to be there? Or would the Defendant forfeit the right to appeal?
The defendant would have to be in court to argue his motion and to ask the judge to continue the trial.
The Plaintiff will certainly not agree, and so, if the motion is denied can the Defendant just stand there unable to proceed, wait for the judgment, and then still appeal?
In other words, what would be the proper Court etiquette to stay silent at that point?
If the continuance is not granted, then the respondent would still have to make their case, otherwise, there would not be much to appeal, other than the judge's decision not to grant continuance.
When you say "make their case," can that be as simple as reading the Grounds for Defense sheet (which has some details on several issues)?
It would be basically contesting plaintiff's case.
And so, having no witnesses or other supporting materials, what is the proper Court etiquette for concluding, after reading the Grounds for Defense sheet? Something like, "I rest my case," or "That is my case, Your Honor?"
I rest my case is fine, but the judge will not really expect a pro se respondent / defendant to follow all the legal protocol and procedure.
Basically, and argument would need to be made and any witnesses that plaintiff puts on the stand, would need to be cross examined, if you wish to do so.
Does this make sense.
Of course, but the Defendant is highly unlikely to be able to handle anything like that. So, when the judgment is entered, what forms need to be filled out to note and perfect an appeal?
Unfortunately, there are no standard forms for the appeal.
Defendant would have to draft his/her own appeal and file it with the circuit court.
Can you recommend links to templates or examples, please?
Unfortunately, there are none.
Each appeal has to be individually drafted.
Thank you for your help. Any last comments on this situation?
But you can ask the circuit court clerk for a file of an appeal case, and review several appeal cases to get an idea of the format.
Are you saying that the appeal has to be drafted at the time the appeal is noted and/or perfected?
An appeal would have to be drafted and file with the circuit court.
Before posting the bond?
So, once appeal is filed, generally there is not a way to change it, unless the court requires for you to amend it.
The bond would be posted and then an appeal would be filed.
How long is given to file the appeal?
let me check on that for you please.
Ten days, as I thought.
And how does the Defendant learn how much is required for the bond? Does the Defendant have to appear in Court for that? Or is the amount recorded in something that can be looked up?
Generally, the court will order the amount of the bond, however the judge will have the right to award possession to the plaintiff and also the circuit court will hear the case on the expedited basis, which means that the tenant will not really gain much time by filing an appeal.
Aha. Thank you for clarifying. So please botXXXXX XXXXXne it for me. How much more time can be gained by showing up and following the scenario above (reading the Grounds for Defense) and filing an appeal, as opposed to not showing up at all?
Well, it would be impossible to estimate
but generally an appeal would have to be filed within 10 days from the ruling by the district court and then would be heard within 30 days by the circuit court.
Got it. Thank you, XXXXX XXXXX going to rate below to finish. Any concluding remarks?
I think we covered this topic, but I would strongly urge the tenant to at least consult with a local landlord-tenant law attorney, even if the tenant cannot afford full representation.
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