What is the process for appealing a small claims court decision to a higher court?
If you are unhappy with the outcome of your small claims court case in California, you may be able to appeal the decision to a higher court. This process will first require filing a Notice of Appeal with the Supreme Court’s appellate division. This document must be filed within 30 days of the Small Claims Court decision and must include the names of all parties, the case number, and the judgment that is the subject of the appeal. The Notice of Appeal must also include the filing fee, due at the time of filing. If the amount of the judgment is more than $2,500, an additional deposit of $250 must be included as well. The final step is filing a Statement of Appeal within 105 days of filing the Notice of Appeal. This document will detail the errors that the appellant believes were made by the lower court in rendering the judgment. After the Statement of Appeal is filed, the appellate court will review the case file. Appellants may choose to represent themselves or hire an attorney, depending on the complexity of the case and the desired outcome. An oral hearing may be conducted, at which time both parties will be given a chance to present their case. The outcome of the appeal will be to affirm or overturn the lower court decision. Finally, a written decision will be issued within 30-90 days of the hearing.
Related FAQs
What is the difference between mediation and arbitration in small claims court?How much does it cost to file a claim in small claims court?
Can I request a jury trial in a small claims court case?
How do I serve the other party with notice of my small claims court case?
What is the process of submitting a complaint in a small claims court case?
Are there any rules or limitations on witnesses testifying in a small claims court case?
What is the difference between a motion for judgment and a motion for new trial in small claims court?
What is the statute of limitations for filing a claim in small claims court?
Are there any restrictions on the type of evidence I can submit in a small claims court case?
What happens if I disagree with the decision in a small claims court case?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023