Small Claims Appeals - Frequently Asked Questions Print this Page
Phone: (415) 444-7046, Option 6
Email: smallclaims@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 3:30pm




How do I get a continuance date for my small claim appeal?

Is there a charge to continue the small claim appeal hearing?

What if the other party will not agree to the continuance?

Am I allowed to have an attorney represent me?

What if the case settles or the appellant wishes to withdraw the appeal prior to the hearing?

The exhibits in my small claim case were not returned to me and I need them for the small claim appeal. How do I get those back for the hearing?

For more information, see the California Small Claims Courts Information Center by clicking here.



How do I get a continuance date for my small claim appeal?

Requests for continuances must be made at least ten (10) calendar days prior to the hearing date. The Court requires both sides to agree to a continuance. This means the party requesting the continuance must call or write the other party and request permission to continue the hearing date. You should first call the Small Claims Appeal Desk (415) 444-7046, Option 6 to obtain the next available dates so you may discuss them with the other party.



Is there a charge to continue the small claim appeal hearing?

Yes. The requesting party must send the Court a $20.00 processing fee and confirmation letter stating the agreed upon date. A copy of this letter must be mailed to the other party.



What if the other party will not agree to the continuance?

Write a letter to the Small Claims Appeal Desk. In that letter, state the reason for the continuance and that you were unable to get an agreement from the other side. The letter will be routed to the Supervising Civil Judge to determine whether the continuance should be granted. A copy of this letter must be mailed to the other party.



Am I allowed to have an attorney represent me?

Yes, you may retain an attorney. The Court must be informed of the name, address, and phone number of your attorney, should you retain one.



What if the case settles or the appellant wishes to withdraw the appeal prior to the hearing?

Please call the Small Claims Appeals Desk (415) 444-7046, Option 6 and inform the clerk of the settlement or withdrawal of the appeal. It is the appellant's obligation to file a "Request For Dismissal" form with the Court if the case settles or is withdrawn before trial.



The exhibits in my small claim case were not returned to me and I need them for the small claim appeal. How do I get those back for the hearing?

Exhibits retained by the Court will be made available for the hearing.


Overview

An appeal of a small claim judgment is a request to the Court to reverse the decision made in the Small Claims Court by having the case heard again, by a different judicial officer. If the party requesting the appeal is entitled to a new hearing, the case will be transferred to the Small Claims Appeal Clerk to set a hearing date. Please note that only defendants have the right to an appeal. In certain circumstances, plaintiffs may request that the Court cancel, correct or vacate a judgment if there is a clerical error or if the case was decided on an erroneous legal basis, but these situations are rare.

An appeal of a small claim judgment must be filed within thirty (30) calendar days of the date of the judicial decision or, if the decision is mailed, within thirty (30) calendar days of the date the clerk mailed the Notice of Entry of Judgment. The date will appear on the notice. The filing fee must be paid to the Court when filing the Notice of Appeal. For the amount of the filing fee, please click here.
 
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