Summary of Procedure in Appealing Small Claims or Other Civil Judgments to County Court
Revised November 2002, pursuant to UJCA 1704 & Rule 202.55
Note: Appellant = person making an appeal Respondent = opposing party
1. Notice of Appeal: Within 30 days after receipt of a copy of the judgment with notice of entry, the appellant must serve a Notice of Appeal on the respondent and file a duplicate in the office of the town or village justice with an affidavit of service on the respondent (notarized statement of how and when service was made). The justice should not accept for filing a Notice of Appeal without proof of service on the respondent. A copy may be filed with County Court.
2. Settlement of the Record: (a, b, or c will apply)
a. If a stenographer took minutes of the trial, appellant must pay the fees to have them transcribed. The stenographer should file them with the town or village justice within ten days after receiving payment.
b. If testimony was given but stenographic minutes were not taken, the town or village justice shall prepare minutes of the proceeding within 30 days after filing of Notice of Appeal.
The justice then sends copies of the minutes to the attorneys* for the appellant and respondent. Within 15 days after receipt of the minutes, each attorney* may send to the justice any proposed amendments to the minutes.
The appellant's attorney* then arranges to have the case settled on at least four days notice to respondent's attorney.* (Please contact the justice to arrange a return date before mailing notice).
The justice then prepares a return, which shall include:
- summons, notice of petition or notice of claim;
- judgment or order;
- Notice of Appeal;
- opinion of the justice, if any; and
- all other papers necessary for appellate review.
Within five days after the return date of the notice to settle, the justice shall settle the return by determining what papers are to be included in the return and attaching a certificate that they constitute a correct and complete return of the proceeding in the town or village court. He shall then file the return with the clerk of the County Court.
Instead of having the justice settle the case as provided above, the parties or their attorneys may sign a stipulation that the return is correct and complete. The justice then files the return with the clerk of County Court.
- or the appellant or respondent if not represented by an attorney
c. If no testimony was taken, the justice shall file his return with the clerk of County Court within 10 days of the filing of the Notice of Appeal.
3. Noticing the Appeal for Argument: Within 20 days after the court's return is filed in CounJanuary 28, 2013the appellant shall file written notice of the date and time the appeal is to be argued in court (contact Ms. Rita Decker at 535-7015 for date and time). Appellant shall file at the same time either a brief or a statement of contentions (statement setting forth his/her arguments showing why he/she contends that the judgment of the justice court should be reversed). Appellant must serve a copy of the notice of argument and his brief or statement of contentions on respondent at least 14 days before the date set for argument, and file proof of service with the Court.
The respondent shall then serve and file his brief or statement of contentions, with proof of service, with the County Court within 12 days after receipt of the appellant's papers.
4. Appear for Argument: If you do not appear, the appeal will be decided on the return, the briefs or statements submitted, and the oral argument of any party who does appear.
5. Service of Notices: Service can be made in person or by mail to the party's residence address or his/her attorney's office address. Where service is made by mail, the other party usually has five additional days to respond.
The steps listed above are meant to guide you though your appeal to Schuyler County Court. If you have further questions you may call the court clerk at 607-535-7760.