How does small claims court handle appeals?
In Delaware, appeals from an order or judgment provided in Small Claims Court must be made within thirty (30) days of the decision being rendered. Appeals can be made to the Superior Court in the county where the Small Claims Court was located. The appeal must include a copy of the original complaint, the answer to the complaint (if any), and the order or judgment of the Small Claims Court. In order to appeal, the appellant must file a Notice of Appeal with the court in which the appeal is being made. This Notice of Appeal must contain the name of the appellant, the name of the respondent, and the date of the order or judgment from the Small Claims Court. Furthermore, they must also provide a copy of the Notice of Appeal to the other party. The appellant must also submit a written brief detailing the reasons they disagree with the Small Claims Court’s decision and what outcome they would like the Superior Court to decide. The appellant would also be required to pay any unpaid fines and court costs prior to having the appeal heard. Once the appeal is filed, the proceedings are then heard by a panel of three judges, who will decide the outcome. The entire process can take up to several months, and the decision of the Superior Court is binding.
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