Appeal questions

[weasel]

What is the name of your state? Massachusetts

We have sued in small claims court for $2000, and got a judgement by magistrate for $900. The defendant appealed, stating that he felt the magistrate's decision was "rushed" and that "she was unclear on the facts", and that he wanted to present his case to a jury.
I have a few questions about this:

- Can I fight the validity of appeal itself (summary judgement?)? My understanding is that the appeal to a jury is supposed to state disputed questions of fact, and he did not do anything like that, just described his feelings. Do I have a shot here? And how do I do that? Just show up in clerk's office and file a motion?

- If the appeal does happen, does the jury's decision have to be "yes or no"? I.e., either affirm the magistrate's decision or reverse it? For example, can I ask for more money? Or can they decide that I still win, but come up with a smaller amount? And if I can ask for more, am I still limited by 2K (the small claims limit in MA)?

- Is he going to be able to present new facts to the jury? Or is he limited to what was heard at the magistrate's hearing?

- If I file for summary judgement, and he fights it and comes up with fact(s) that he disputes, is the appeal then going to be limited to those facts, or is it like a brand new trial, where he puts up a whole new defense?

I'll appreciate any clues. If can or want to answer some questions, but not the others, please do so.

Thanks!

 

[dcatz]

Q. Can I fight the validity of the appeal [by moving for summary judgment].
A. No, you already have judgment. That’s the justification for the appeal. The hearing on appeal will be a trial de novo (a new trial on the same disputed issues of fact as the original). Smalls Claims cases are handled with relative informality without abandoning the rules of evidence and procedure. The stated grounds for appeal were enough to get him to the next plateau.

Q. Does the jury’s decision have to be “yes or no”? Can I ask for more?
A. As stated, the hearing on appeal is a new trial and could hypothetically result in a reversal of the original decision or an award of a different amount but not one that exceeds the $2,000 jurisdictional limit.

Q. Is he going to be able to present new facts to the jury or is he limited to what was heard at the magistrates hearing.
A. In that it’s a new trial, it’s unlikely that he will say exactly the same things in the same way and he may try to introduce new evidence that he neglected to present and feels might have helped him in the original case. You should be prepared for that. An interesting related issue is that all hearings appear to be recorded in your state and the recording is part of the record on appeal. Given the informality of Small Claims, I have not been able to find any case law on whether you can use the recording to impeach him, if he says something that is not simply different but contradicts what he said at the original hearing.

Q. If I file for summary judgment . . . .
A. I think the summary judgment question has been answered.

A site covering the trial and appeal process and relevant rule is here:
http://www.mass.gov/courts/admin/legal/courtrules2.html#rule10

You might also find it helpful to know that Harvard Law School maintains a Small Claims Advisory Help Line at (617) 497-5690 and an email address for specific questions at [email protected].