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RayAnswers, Attorney
Category: Personal Injury Law
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Experience:  Texas lawyer for 29 years in personal injury
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Am there a restriction on filing a De Novo appeal from a

Customer Question

am there a restriction on filing a De Novo appeal from a small claims case
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 11 months ago.

When you appeal a small claims judgment, you ask the superior court to change the small claims court judge's decision. You will have another court hearing and must present your case again.

A small claims appeal is a "trial de novo" or "new trial." This means that the case is decided by a new judge from the beginning so you have to present your case all over again. Because this case is in the civil division of the superior court (and NOT in small claims court), you (and the other side) are allowed to bring a lawyer to represent you in the new trial.

Only the defendant is alloyed to appeal from small claims.

To file an appeal of a small claims judgment

  1. You must file your appeal within 30 days of the date the small claims judgment was mailed to you. This date will be on your copy of the small claims decision.
  2. File a Notice of Appeal (Small Claims) (Form SC-140) with the small claims court.
  3. The court will mail you the date and time of your hearing on the appeal. The hearing on your appeal will be in the civil division of the superior court.
  4. Go to your trial. You and the other side will have to present your case all over again.
  5. If you do not go to the trial, the judge will not hear your side of the story.

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