What is the process for appealing a small claims court decision to a higher court?
In Hawaii, the process for appealing a small claims court decision to a higher court is fairly straightforward, yet requires some effort and paperwork. First, you must file an appeal with the court that made the original decision, which is typically done within 30 days of the original court date. This is done by filing an Appeal of Judgment form with the court. Once the Appeal of Judgment form is submitted, it will be sent to the Hawaii Intermediate Court of Appeals. The court will review the appeal and may hold a hearing if it believes the appeal should be heard. If the Hawaii Intermediate Court of Appeals affirms the decision, it can be appealed to the Hawaii Supreme Court. The Hawaii Supreme Court will review the record from the lower court along with any additional evidence submitted. The Supreme Court will then render a decision, which is typically final. If a party is unhappy with the decision of the Hawaii Supreme Court, they may request a rehearing. This, however, is rarely granted. It is important to note that any appeal of a small claims court decision must be done within 30 days of the original court judgment, or the right to appeal may be lost.
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