small claims

[jinx]

How many small claims cases actually make the appeals process?

 

[I AM ALWAYS LIABLE]

How many small claims cases actually make the appeals process?

My response:

It depends upon whether or not one of the parties chooses to appeal. If so, then all one needs to do is pay the filing fee, and the matter is now called a "Trial de Novo" (New Trial). In the norm, at least for California, the rate is about 40%.

It's commonly referred to as an "appeal", but that's a misnomer - - it's really not an appeal "per se". The lawsuit is merely moved to a "higher" court and the issues and arguments are heard all over again, without regard to what happened in the Small Claims courtroom. That's why it's a "New Trial". If it really was a "true" appeal, then only issues of "error" by the lower court would be heard by the higher court.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-09-2001 at 08:44 AM]