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One party or the other is likely to be dissatisfied with the Judge?s decision. If the dissatisfied party feels strongly about it, he or she can appeal, and have the Small Claim decision reviewed by a District Judge.

An Appeal is taken in either of two ways. The first way is for the person wanting to appeal can say so to the Small Claims Judge at the end of the Small Claims hearing. The second way is to give a written notice of appeal to the Clerk of court within 20 days after the Judge decides the Small Claims case. See the sample Notice of Appeal form.

Whether the appeal is begun orally at the end of the hearing or by filing a written notice of appeal, a filing fee will have to be paid to the Clerk of Court. This must be done within 20 days after the Small Claims decision. Otherwise, the case will never be reviewed by a District Judge. The filing fee is $75. NOTE: If you can?t afford the filing fee on appeal, you may want to try to get a Judge?s permission to proceed without payment of fees. The sample Request form, with appropriate changes, could be used to seek the Court?s permission. Click here for more about proceeding without payment of fees.

When the filing fee is paid (or permission to proceed without fees is obtained), a District Judge will promptly review the case. The Judge will examine the notes of the Magistrate of Judge who heard the witnesses at the hearing. He or she will look at any photos, things, or documents. The Judge will review the tape-recording of the hearing, if one was made. The District Judge will then decide whether the Small Claims Judge?s decision was correct. The District Court is free to make its decision based on what it thinks is right. This is called a ?de novo? review.

If the District Judge feels that more evidence should be heard before a decision can be made, the Judge can order the desired evidence to be presented. The Judge would then decide the case on the basis of the new evidence as well as the evidence at the original Small Claims hearing.

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