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Case Types Appeals

What is an Appeal

So the case did not go your way and you want to file an Appeal. This might not mean what you think it does.

An appeal is a request to have a higher court review and reverse a trial court's decision. Appeals on Justice Court decisions go to Superior Court. The Superior Court judge will look at the facts as they were originally presented and determine if the first judge did not properly follow the law. There is no jury in an appeal, neither party presents witnesses, and no new evidence is introduced. 

Litigants wishing to appeal a case must first file a Notice of Appeal. Then they must obtain the records from the case including copies of all documents and recordings from any hearings. They must also provide a full transcript of any hearings which lasted longer than 90 minutes.

There will be a cost to file the appeal. There may be a cost for the transcripts and copies of court documents. The appeals process may require that you post a bond with the court. Some litigants may qualify for a fee waiver or deferral, but the judge will need to approve the application. Contact the court to apply.

Case Types

Official Rules of Procedure for cases in justice courts allow for an appeal to be filed after the judgment in all but Small Claims cases. The timelines, forms, procedures, and requirements vary from case type to case type.

Please make sure to follow the procedures or you risk having your appeal dismissed or marked as abandoned.