Guide to Small Claims Proceedings in the District Court - Appeal

Previous | Next

The parties have thirty (30) days from the date of entry of the judgment to appeal a small claims case to the Superior Court. To appeal, the party must file a Notice of Appeal form with the clerk of the District Court where the small claims case was heard. The fee for filing an appeal is $150. You, as plaintiff, may appeal only on questions of law and are not entitled to a new trial. Since the plaintiff who appeals does not get a new trial, you will want to order a transcript of the hearing in the District Court. The District Court clerk can assist you in ordering a transcript. A deposit for the transcript will have to be paid to the Judicial Branch Recording Division.

A defendant may appeal on questions of law or may request a new trial, this time in front of a jury. To request a jury trial, the defendant must briefly state the grounds of the appeal and demand a jury trial in writing on the Notice of Appeal form If the defendant wants a jury trial, there is an additional fee of $300 to be paid by the defendant to the Superior Court. The defendant must also file an affidavit with the notice of appeal, specifying that there is a genuine issue of material fact. Failure to make demand for jury trial with the accompanying affidavit constitutes a waiver of the right to jury trial.

Previous | Next