How does small claims court handle appeals?
In the state of West Virginia, the process for appealing a small claims court decision is outlined in the West Virginia Rules of Appellate Procedure. The appeal must be filed within 30 days of the final judgment. The appeal must be filed with the Circuit Court Clerk in the county where the small claims court decision was rendered. The appeal must include an appeal cost bond and a detailed statement of the issues to be determined. Once the appeal is filed with the circuit court, the circuit court will review the decision and render a decision. The circuit court may grant a rehearing or the court may affirm, reverse, or modify the decision of the small claims court. The circuit court will only review the proceedings of the small claims court to determine if the judgment of the small claims court was incorrect. The circuit court will not review any evidence presented to the small claims court. If a party is not satisfied with the decision of the circuit court, then the party may file an appeal with the West Virginia Supreme Court of Appeals. The party must file the appeal within 30 days of the circuit court’s decision. The Supreme Court of Appeals may affirm, reverse, or modify the decision of the circuit court. There are stricter standards for filing an appeal with the Supreme Court of Appeals, and the court will look at both the evidence and the legal arguments presented. In West Virginia, appeals from small claims court decisions must be filed in a timely manner and considered in the circuit court and, if necessary, the Supreme Court of Appeals. Ultimately, the decision of the Supreme Court of Appeals is final.
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