Tuesday, August 12, 2008

How to Appeal A Small Claims Court Judgment

Have you ever represented yourself in a Small Claims Court trial and lost the case? Did you ever have a judgment made against you that you believe is in error or feel that the whole trial was unfair and it s not right that you lost? Have you ever wanted to appeal the judge s decision but never knew how? Here are a few suggestions on how to appeal a Small Claims Court judgment.


Step1
Order a copy of the transcript and ask the reporter to please expedite its production.


Step2
Give the transcript to a lawyer to examine so that you can know if the matter can be appealed. See article, How to Choose The Right Lawyer for You.


Step3
Find out from the lawyer if his services are necessary to appeal this and how much it will cost you, or whether you can do it yourself.


Step4
If the matter can be appealed, then as soon as possible file an appeal with the court office. Remember, there is a time limitation involved so make sure you don t go passed the time that you can appeal the matter.


Step5
If you believe that your evidence wasn t properly presented to the Court or that you had last minute evidence that never got accepted, find out from the lawyer if the matter can be appealed or if you can ask for a retrial of the facts.


Step6
If the matter can be appealed, you choose to do it without counsel, you will need to contact the court office and get all the information available on how to appeal your case.


Step7
You will then need to order several copies of the transcript, and you will know how many from the court information booklet.


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