Q: Small Claims Appeal - Trial De Novo
I won a small claims case against my previous landlord, a 45-year criminal defense attorney, who didn't pay the relocation fee as per our stipulated agreement. The landlord has now filed a Small Claims Appeal - Trial De Novo. The judgment from the small claims case is very clear, but if it's not appropriate to bring or reference the previous judgment in the appeal, can I submit the legal explanations mentioned in the judgment as my additional declaration to the appeal court, as if I'm not referencing the previous judgment? Or do I only need to submit the declarations and exhibits that were filed for the initial small claims case? If I can submit a new declaration to the court, do I need to serve it to the opposing party?
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- California
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- Answered
A:
Here are a few key points to consider for your small claims appeal trial de novo:
- The trial de novo appeal essentially starts the case over fresh - the previous judgment is set aside and not binding. So referring to the past judgment itself is not appropriate.
- However, you can and should submit all evidence, declarations, and exhibits again that you used to win initially. Treat it as starting from scratch in presenting your full case.
- You can include any additional declarations/evidence you have that supports your case, including elaborating on legal arguments you may have outlined in the initial ruling.
- Yes, if you submit any new declarations or evidence, you must provide a copy to the opposing party through appropriate service of process procedures. Don't surprise them with documentation they haven't seen.
- Focus closely on meeting all procedural processes correctly, establishing proper jurisdiction, constructing sound legal reasoning in your provided documents, and proving your case persuasively. Without referring to the past judgment directly.
- Consider consultation with a lawyer if possible to aid with the appeal trial process. Presenting the case well with new documents is important.
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