What is the process for appealing a small claims court decision to a higher court?
In South Dakota, appealing a small claims court decision to a higher court must be done within thirty days of the judgment being issued. This is done by filing an appeal with the Circuit Court in the county that had jurisdiction over the small claims court case. The small claims court judgment will not be enforced until the appeal is settled. The appellant must also file a bond with the Circuit Court. The bond is a form of security that ensures that if the appellant loses the appeal, they will pay the costs associated with the appeal, including the costs of the other side. The Circuit Court will review the record from the small claims court, as well as any additional briefs or legal arguments made by the appellant. It is up to the Circuit Court to decide whether the original judgment should be overturned. The Circuit Court’s decision can then be appealed to the Supreme Court if necessary. The process of appealing a small claims court decision to a higher court is a complicated one. If you decide to appeal a small claims court decision, it is wise to speak to a lawyer to ensure that you understand the process and take all of the necessary steps to file the appeal correctly.
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