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Hello. Yes, you can file a motion with the Court to vacate the judgment and re-hear the case based on the technical error that you raised. It is up to the Court to decide whether to do so or not, since by appealing the case you will get a new trial anyway. If you have taken the steps to appeal, then a new hearing in Small Claims court might be considered unnecessary. Plus, based on what you say about the Plaintiff lying, you might be better off trying the case in the appeal court than in Small Claims Court.
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