SMALL CLAIMS APPEAL

Who Can Appeal? If the plaintiff in a small claims action loses, he/she cannot appeal. However, if the defendant loses, he/she has the right to appeal the decision, but must do so within 30 days.

Superior Court. If a small claims decision is appealed, the matter is heard in Superior Court and each side may be represented by an attorney. The case is heard de novo, i.e., as if it had not been heard before and as if no decision previously had been rendered.

There is no right of discovery and the matter is heard without a jury. The decision by the Superior Court judge is final and binding. There is no right of further appeal.

Updated by ADAMS KESSLER 4/24/2008