Can I appeal a ruling of a small claims court judge?
Yes, you can appeal a ruling of a small claims court judge in West Virginia. Once a decision has been made by the small claims court judge, you can file an appeal with the Circuit Court within 30 days of the judgement by the small claims court judge. To do this, you must provide a written notice to the other party regarding your intention to appeal, and also provide the notice to the clerk of the small claims court. The other party may also appeal the ruling within 30 days. The Circuit Court can then review the ruling and evidence presented, and issue a ruling that overturns, affirms, or modifies the original judgement. The Circuit Courts decision is binding, meaning both parties must adhere to it. Before you can appeal a ruling, it is important to make sure that you are appealing for a legitimate reason. The court of appeals will not review a case solely on the fact that you disagree with the judgement, so you should research West Virginia’s statutes to ensure that your issue is a valid basis for appeal. Once you have properly reviewed the law and established that an appeal is justified, it is important to consult with an experienced attorney to ensure that you are abiding by the state’s appellate rules.
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