What is the process for appealing a small claims court decision to a higher court?
In Indiana, appealing a small claims court decision to a higher court requires the following steps. First, either the person bringing the suit or the person against whom the suit was filed may file a notice of appeal within thirty days after the judgment is entered. The notice must be filed with the court where the judgment was entered. The notice of appeal must include a statement of the reason the party wishes to appeal, and must request that the court send a copy of the complete court file to the appellate court. Once the notice of appeal has been filed, the party appealing the court’s decision must prepare a brief in support of their position and submit it to the clerk of the higher court. The brief must include a statement of the legal issues the appellant believes were handled incorrectly by the lower court, as well as proof of the appellant’s position. The higher court will review the appeal and either affirm or reverse the decision of the trial court. If the higher court affirms the decision, it will enter an order indicating the court’s decision and the date it was entered. If the court reverses the decision of the trial court, it will remand the case for a new trial or make different orders as it sees fit. The appellate court may also modify the judgment or award damages.
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