How does small claims court handle appeals?
In Nebraska, small claims court appeals must be handled in district court. The process for appealing a small claims court decision begins by filing a Notice of Appeal within 30 days of the small claims court’s decision. The Notice of Appeal must be filed with the clerk of the district court in the same county as the initiated small claims court case. The Notice of Appeal should include the names of the parties involved, the case number, the date of the small claims court’s decision, and the amount of the damage and/or debt in dispute. The district court where the Notice of Appeal has been filed will then set a hearing date for the appeal process to proceed. During this hearing, both sides will be allowed to present evidence and testimony to support their claims. Additionally, both sides are allowed to have an attorney present. Once the hearing has concluded, the district court can then make a ruling in favor of one party or affirm the small claims court’s ruling. If the district court’s ruling is in favor of the appellant, then the appellant will receive the amount of money or property in dispute and, potentially, court costs. If the district court’s ruling is in favor of the defendant, then the defendant will not owe the appellant any money or property. If the district court affirms the small claims court’s ruling, then the amount of money or property in dispute will stay as previously determined by the small claims court.
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