What is the process for appealing a small claims court decision to a higher court?
The process for appealing a small claims court decision to a higher court in Massachusetts begins when a party to the case (the “appellant”) files a Notice of Appeal with the small claims court that rendered the decision and pays the required fee. The Notice of Appeal must be filed within 20 days of the date the small claims court decision was issued. Once the Notice of Appeal has been filed, the small claims court forwards a record of the proceedings to the appellate court, which may include an audio recording, the transcript, affidavits, exhibits, and other materials. The appellant will also need to file a brief, which includes written arguments on why the court’s decision should be reversed or modified. The other party to the case (the “appellee”) can respond with their own brief. The appellate court will consider the arguments made by both parties and issue a written decision. Each party may present oral arguments at the appellate court’s discretion. The appeal process can be lengthy and costly, so those considering an appeal should weigh their options carefully before proceeding. If the appeal is successful, the appellate court may order the small claims court to overturn or modify its decision. If the appeal is unsuccessful, the appellate court’s decision is final.
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