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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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this is Small claim court day was may 02, I apply for a

Customer Question

this is Small claim

court day was may 02, I apply for a motion for retrial, but got denial on July 12.

I went to court and the defendant lied under oath. So i apply for motion but got denial, even that i said I could prove he lied under oath.

the defendant said that I never paid into my mortgage and he lied and I can prove it. So it was very relevant to the case, this made the judge rule in his favor.

So, can i appeal after more then 30 day the original trial date? or 30 days after the denial.

if i can appeal, how in general should i do that. Do i include my proofs in the appeal? I have the audio from the court day.
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.

Thank you for your question.

Yes you may appeal. You must file your notice of appeal within 30 days of the date the judgment was issued or made final. The motion for retrial extends this date. So it will be 30 days from July 12th.

Because you are appealing from a small claims case, the appeal will be to the Circuit Court, and you will be require to present your case over again. This means you will be able to present your evidence at the new trial in Circuit Court.

To file the appeal, use this form:

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
TexLaw and other Legal Specialists are ready to help you
Customer: replied 4 years ago.
i forgot to ask, do i have to give a explanation whit dccv037 form ?
Expert:  TexLaw replied 4 years ago.

You should not be required to file an explanatory statement as the the appeal sets a whole new trial. Contact the local circuit court clerk to make sure that there are no local rules (i.e., rules not on the internet) that would require you to submit a statement with your appeals form. I doubt they will require it, but some courts have different procedures than others.