Did the defendant ask that the small claims case be removed to a higher court? Did the defendant file a counterclaim that was larger than a small claims limit?
What a meaningless, no-speak response! Can you not read plain English?
lost a small claims case in Colorado - all small claims cases are handled in county court - rules forbid attorneys in small claims - judge allowed the defendants attorney in trial
The OP is asking about grounds for appeal from small claims to district, and not case removal to district!
Aside from the fact that specific grounds for appeal from small claims are not required, we are not informed as to whether or not before appearing at the trial with counsel the Defendant had first complied with
Rule 520(b) of the Colorado Rules of Procedure for Small Claims Court by giving timely (7 days) notice of its intention to do so. *
Probably not, and the judge improperly allowed the attorney to participate at trial.
But also problematic is what an appellate court could do about it. There is no procedure whereby the district court could reverse the small claims judge’s decision and kick it back to county to be retried sans attorneys! An appeal from small claims has to be heard by the district court de novo. And the district judge hearing the evidence de novo is NOT going to be influenced as to its probative value by the fact that the defendant was improperly represented by an attorney in the court below.
Anyway if the OP didn’t file a notice of appeal to the district court within 15 days of the decision the issue is moot. But if he did, then I would suggest that he try asking the district court to require the defendant to pay his attorney fees in prosecuting the appeal. The only precedent that might be argued is the language in Rule 520 whereby a defendant who gives notice of intent to appear in small claims with counsel and does not do so and the plaintiff does can be ordered to reimburse the plaintiff. * * Nothing ventured nothing gained.
Otherwise I don’t see that citing the judge's error would have any significance on an appeal.
But the last person the OP should be listening to is someone who either can’t read English or won’t take the time to read it and wouldn't know the CRCP or CRS from a Sears tool catalogue!
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[*]
520 (b)
"When Attorneys are Permitted in Small Claims Court. On the written notice of the defendant that the defendant will be represented by an attorney, pursuant to forms appended to Small Claims Rules R11/08 Page 7 of 8 these rules filed not less than seven days before the first scheduled trial date, the defendant may be represented by an attorney. The Notice of Representation shall advise the plaintiff of the plaintiff's right to counsel. Thereupon, plaintiff may also be represented by an attorney. If the notice is not filed at least seven days before the date set for the first scheduled trial date in the small claims court, no attorney shall appear for either party."
[* *]
R. 520( d) Sanctions.”
If the defendant appears at the trial without an attorney or fails to appear at the trial, and the court finds that the defendant's notice of representation by an attorney was made in bad faith, the court may award the plaintiff any costs, including reasonable attorney fees, occasioned thereby.”w
What's good for the goose should be good for the gander.
