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I am the plaintiff in a small claims court...

Resolved • Response time 1 minute

25 May 2022

I am the plaintiff in a small claims court case and the case was delayed until 6/21. The defense has requested the hearing be recorded, with plans to appeal if they lose. if defense appeals on " facts", does this mean they just don't accept the facts presented by plaintiff? where does the appeal go for appeal? Do defense and plaintiff have to present case again for appeal? If defense wins on appeal, where does the case go then?
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25 May 2022

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Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

Hello – my name is ***** ***** I am an attorney with over ten years in private practice. My goal is to provide you with excellent service. If you have any further questions, don't hesitate to ask!

What state is this in?  Different states have different rules regarding the appeals of small claims matters.

25 May 2022
Customer reply
25 May 2022
The case will be heard in small claims court in maine
25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

The appeal itself goes to district court (which is the standard civil court where non-small claims matters are filed).

25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

An appeal on a matter of law is heard by a judge only (not a jury), and that judge will decide that issue.

25 May 2022
Customer reply
25 May 2022
does the judge rely on the recording of the hearing, or do both sides present again?
25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

For an appeal on the question of law, the court would hear new argument as to why the law was incorrectly applied.  For a question of fact, the defendant would have to show a fact-based error (for example, the judge had one or more material facts of the case incorrect).

25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

On a question of act, the defendant could get a new trial.

25 May 2022
Customer reply
25 May 2022
what is " question of act" ? So it sounds like the defense is the only side presenting in appeal? If a new trial is ordered, will that be in district court? would I need a lawyer as the plaintiff ?
25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

Both sides present argument in an appeal.

Regarding a question of fact, here is what I wrote above: For a question of fact, the defendant would have to show a fact-based error (for example, the judge had one or more material facts of the case incorrect).

25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

A new trial would be in district court.  You can have a lawyer - need is a subjective term and depends entirely on your specific circumstances.

25 May 2022
Customer reply
25 May 2022
My case is about the negligence of a local repair shop and a cracked engine block as a result of that negligence. My case has several expert witnesses who clearly state that the repair caused the crack, but the defense refutes that. Since the sides disagree, how does the defense show that the judge had one or more material facts of the case incorrect?
25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John
Trial Attorney/Owner

As an example, if the judge in his ruling held that the defendant caused the engine to become cracked by intentionally striking it with a hammer, and found the defendant liable on that basis (when the facts did not show that is what happened).

25 May 2022
Customer reply
25 May 2022
Thank you for your time, John. I appreciate it !
25 May 2022
Lawyer's response
25 May 2022
Attorney John
Attorney John

You are welcome.

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Attorney John
Attorney John
Trial Attorney/Owner
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25 May 2022
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