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.
- An appeal is not allowed with a default judgment for failure to appear.
- You must file the Notice of Appeal within 5 days after the judgment.
- To pause the eviction until the appeal is decided, a tenant must file a supersedeas bond with the court. This is usually an amount equal to the judgment issued in the case.
- Rules of Procedure for Eviction Actions.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File an Eviction Appeal.
- An appeal is not allowed with a default judgment for failure to appear.
- You must file the Notice of Appeal within 14 days after the judgment.
- You must file a cost bond with the court to cover upcoming costs.
- To stop the collection of the debt, file a supersedeas bond with the court.
- Justice Court Rules of Civil Procedure.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File a Regular Civil Appeal.
- You must file a Notice of Appeal within 14 days after the judgment.
- To stop collection of the fine or fees, file a bond with the court.
- Rules of Procedure for Civil Traffic, Boating, Marijuana, and Other Violations.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File a Civil Traffic Appeal.
- You must file a Notice of Appeal within 14 days after the judgment.
- Rules of Criminal Procedure.
- Rules of Procedure for Appeals to Superior Court.
- Justice Court Packet: How To File a Criminal Traffic Appeal.