How does small claims court handle appeals?
In Massachusetts, Small Claims Court handles appeals through an appellee process. An appellant, or party who is appealing the decision of the original court, must follow a specific procedure to appeal. The appellant must first file a Notice of Appeal with the court that issued the original decision. This must be done within thirty days after a final decision has been issued. The Notice of Appeal must include the appellant’s name, address, and phone number as well as the name and address of any other parties involved. The court clerk will then issue a summons for the appellant to appear at a date for hearing of the appeal. On the day of the hearing, the appellant and respondent must appear and present their case before the court. The court will then determine if the original decision should be overturned or if it should remain intact. The appellant may also need to bring witnesses to the hearing in order to provide evidence that supports their case. If the appellant is not satisfied with the court’s decision on the appeal, they can file a Petition for Review with the Massachusetts Appeals Court. This must be done within thirty days of the court’s decision. The court may grant a review of the original court’s decision if there is an issue of law or fact that was not argued during the small claims court hearing. Ultimately, the Appeals Court will decide the final outcome.
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