What is the process to appeal ruling in small claim court?

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What is the process to appeal ruling in small claim court?

Also, is there any cost involved?

Asked on December 12, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The process is, you file a Notice of Appeal; if you contact your appellate courts, either online, over the phone (call the clerk's office) or in person, they can direct you to  and/or provide the forms and instructions. You will also have to provide transcripts--the verbatim record(s) of the court proceeding you are appealing--as part of the appeal.

You most likely should not appeal:

1) It does cost money--filing fees are typically $100 - $200, and the transcripts can cost another $100 - $300  easily.

2) Most appeals lose--the odds are against you winning.

3) Remember, you can't introduce new evidence in an appeal--you can only try to show that the court below did something wrong based on the facts before it, which means you are making a legal argument. You may need to hire an attorney.

4) Even if you win the appeal, often, all that happens is that the case is sent back (remanded) to the trial court for a new trial, in line with certain guidelines from the appellate court--so you still may not ultimately win.

It is difficult to imagine an appeal from a small claims judgment being worthwhile.


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