How many times can a defendant appeal a case?

Question

I won the judgement on a small claims case, however I 'm worried that the defandent may appeal? How many times can the defandent appeal a case?

Answer 1

all the way up to the Supreme Court if they have the money and the time.

Answer 2

While it depends on the state, in many states, a party who loses in small claims court (whether the plaintiff or the defendant) is allowed one new trial in front of another judge in a regular civil division. Whomever loses that trial than has a right to appeal. There is only one appeal, but that appeal may go through three courts -- state court of appeals, state supreme court, and U.S. Supreme Court -- before being finally decided. Assuming that the last appellate court to rule on it does not order a new trial, that is the end of the process on a civil case.

If the appellate court orders a new trial, whomever loses at the new trial would have a right to an appeal concerning mistakes at the second trial, and the process would repeat.

Answer 3

Once per judgment.

So, if they lose the trial, they can appeal to a higher court. For small claims (depending on the state) that's usually a new trial at the trial court.

If the person doesn't like the trial court ruling, they can ask the judge to reconsider. This is not truly an appeal, but is effectively equivalent.

After the trial court, it goes to the next court up the chain. Some states have an intermediate appellate court, then a state supreme court above that. Some just have one layer "above" the trial court.

Once a given court has ruled (except for the trial court, or an intermediate appellate panel), that's it. The only option is going up to a higher court.

Answer 4

In Ontario, you can appeal Small Claims Court decisions over $500 to the Divisional Court on questions of fact and law. You need to file a notice of appeal, supported by an appeal book (containing copies of all evidence, a statement of claim, a statement of defense, etc.), a factum with law supporting your position and a book of authorities (with copies of legislation and case law you are relying on).

The process is rather troublesome for people having no legal experience. Should you need to draft an appeal record or any other legal documentation in Toronto, please contact our law firm at [e-mail].

Answer 5

In most states, if a DEFENDANT loses a small claims case, they can ask for a retrial in county (superior) court. Then the loser of that can appeal to an appellate court. But this is a very costly process and quite uncommon for small claims cases.

Answer 6

he can appeal as many times as his lawyer can find a loophole in the law