Q: What form do I use to file a motion to alter or amend judgment, trial de novo? I am the cross defendant on appeal.
I am the original plaintiff in small claims, the cross defendant on appeal of trial De Novo and it was ruled in my favor in both trials. However, the appeal judge made an error in his judgement on one of my claims that I clearly had enough evidence to prove. It was awarded in my favor by the Trial Judge but I believe it was over looked by the appeal judge as I had numerous claims for damages.
A:
Preparation of evidence before trial is very important. To me this sounds like you did not provide the de Novo judge with a proper one page summary of your damages with a total, supported by your evidence. You can go to the Judicial Council forms and see about form SC-108. You should attach a summary sheet showing what was claimed/what was awarded/ and what was awarded in the original trial but not the second trial. Unless the judge provided you a statement of decision you don't know why he denied you the additional money. You were entitled to have an attorney at the Trial De Novo.
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