Can you appeal a small claims court decision?
Short answer: Usually yes, but the rules differ a lot: in some states only the defendant can appeal, deadlines can be very short, and many appeals start the case over. The rule in each state is below.
The rule in every state
Each answer links to the statute or official page it comes from (50 of 51 jurisdictions verified).
| State | The rule |
|---|---|
| Alabama | Either party may appeal to the circuit court by filing a notice of appeal with the clerk within 14 days from the date of judgment and posting a bond or cash for costs (or an approved Affidavit of Substantial Hardship). Circuit court hears appeals from district court as a new trial (de novo), with or without a jury. Ala. Small Claims Rule M; Shelby County Circuit Clerk jurisdiction page |
| Alaska | Either party may appeal to the superior court within 30 days from the date on the clerk's certificate of distribution of the judgment. The superior court grants a new trial (de novo) if the district court proceedings were not on the record. Alaska Dist. Ct. Civ. R. 18; Alaska R. App. P. 602(a)(1) |
| Arizona | No appeal. The decision of the hearing officer or justice of the peace is final and binding on both parties. A motion to vacate the judgment is allowed for limited reasons. A.R.S. § 22-519; A.R.S. § 22-505(B) |
| Arkansas | A party may appeal to the circuit court of the county where the small claims court sits within 30 days from the date the judgment is entered on the district court docket. Another filing fee is required, and a bond may be required if money damages were awarded. Arkansas Attorney General, Guide to Small Claims Court |
| California | A party who was sued, attended the trial and was ordered to pay can appeal. The plaintiff cannot appeal a loss on their own claim. The appeal must be filed within 30 days after the Notice of Entry of Judgment is handed over or mailed, and it is a new trial before a different judge, at which both sides may have lawyers. A party who missed the trial may instead ask to vacate the judgment. California Courts Self-Help Guide, Pay or appeal |
| Colorado | Either party may appeal to the district court under county court appeal rules, with the right to counsel. Notice of appeal and an appeal bond must be filed in the county court within 14 days after judgment. The appeal is decided on the record (a recording of the trial serves as the transcript); the district court may order a new trial. C.R.S. §§ 13-6-410, 13-6-310, 13-6-311(1)(a) |
| Connecticut | No appeal. A small claims decision cannot be appealed. Connecticut Judicial Branch Small Claims FAQ |
| Delaware | Either party may appeal a civil judgment to the Court of Common Pleas of the county where judgment was entered within 15 days of the final judgment; the appeal is a new trial (de novo). Landlord-tenant possession cases instead go to a three-judge JP Court panel (written request within 5 days after judgment; $60 fee). 10 Del. C. §§ 9571, 9572; 25 Del. C. § 5717; JP Court Civil Fees |
| District of Columbia | There is no appeal as of right. A party must file an application for allowance of an appeal with the D.C. Court of Appeals. D.C. Code § 11-721(c) |
| Florida | Appeals follow the Florida Rules of Appellate Procedure. A business must be represented by an attorney on appeal. Fla. Sm. Cl. R. 7.230 |
| Georgia | A civil judgment may be appealed to the state court or superior court of the same county, where the case is heard again (de novo). A default judgment, or a dismissal because the plaintiff failed to appear, cannot be appealed this way; it is challenged by a petition for review instead. O.C.G.A. § 15-10-41 |
| Hawaii | No appeal lies from a small claims judgment. A party may ask the court to alter or set aside the judgment within 10 days after it is entered. Rules of the Small Claims Division of the District Courts, Rule 12 |
| Idaho | A dissatisfied party may appeal within 30 days of the judgment to a lawyer magistrate who did not enter the judgment, in the county where the claim was filed. The appeal is tried without further pleadings. The Court Assistance Office lists an $81 appeal fee; the statute also requires a $20 fee paid to the county treasurer. An appellant who loses must also pay the prevailing party's attorney fee. Idaho Code §§ 1-2311, 1-2312; Idaho Court Assistance Office, Small Claims forms page |
| Indiana | A party may appeal to the Indiana Court of Appeals, and must take the required steps within 30 days of the judgment. A default judgment may be set aside for good cause within one year. Indiana Small Claims Manual; Ind. Small Claims Rule 10(C) |
| Iowa | Any party may appeal by giving oral notice at the end of the hearing or by filing a written notice of appeal within 20 days after judgment, and must pay the district court docket fee within those 20 days. The appeal is decided on the record (the hearing is electronically recorded) without new evidence unless the judge finds the record inadequate. An appeal bond stays enforcement. Further review by the Iowa Supreme Court is discretionary only. Iowa Code §§ 631.11(3), 631.13, 631.16 |
| Kansas | Any party may appeal by filing a notice of appeal with the district court clerk within 14 days after judgment. The appeal is heard de novo (a new trial) by a different district judge. Enforcement is stayed during the appeal period and appeal without a supersedeas bond. If the appellee wins, the court awards reasonable attorney fees for the appeal. K.S.A. 61-2709 |
| Kentucky | Either party may appeal to Circuit Court by filing a Notice of Appeal with the circuit court clerk within 10 days after the judgment is stamped 'Entered,' with a filing fee. The appellant must file a Statement of Appeal within 30 days of the notice. The appeal is on the record only: no new evidence, and the judge reviews the file and the recording to decide whether the law was applied correctly. KRS 24A.340; Small Claims Handbook (P-6), 'Appealing a Small Claims Case' |
| Louisiana | Justice of the peace court: the losing party may appeal within 15 days from the judgment (or service of notice of judgment, when required) by filing suit for a new trial (trial de novo) in the parish court, or the district court if there is no parish court; no further appeal is allowed. City-court small claims division: a plaintiff who files there waives the right to appeal, and a defendant waives it unless the defendant moves the case to the ordinary civil docket within the time to answer. An arbitrator's award in small claims cannot be appealed. AG Guide to Louisiana Justice of the Peace Courts; La. R.S. 13:5209; La. R.S. 13:5207(B) |
| Maine | Either party may appeal to the Superior Court in the same county within 30 days after the judgment is entered (extendable up to 30 more days for excusable neglect). A plaintiff may appeal only on questions of law; a defendant may appeal on questions of law or fact. The civil appeal fee is $175. Hearings are not recorded automatically, so a party who may appeal should ask the clerk at least 24 hours ahead to record the hearing. M.R.S.C.P. 11(a); A Guide to Small Claims Cases (PUB-006); A.O. JB-05-26 |
| Maryland | Either party may appeal to the circuit court within 30 days after the judgment (or after a ruling on a timely new-trial motion, which must be filed within 10 days). Small claims appeals ($5,000 or less) are heard de novo, meaning a completely new trial. The appeal fee is $175 ($10 to the District Court and $165 to the circuit court). Maryland Judiciary, Appeals and Motions After Trial in the District Court |
| Massachusetts | Only the defendant can appeal a clerk-magistrate's decision. Within 10 days after receiving notice of the finding, the defendant files a claim for trial by a jury of six or by a judge, with an affidavit stating the questions of law and fact and that the trial is sought in good faith, a $25 entry fee and a $100 bond. The bond may be waived if the defendant cannot afford it and the appeal is not frivolous. At the new trial, the magistrate's finding for the plaintiff is prima facie evidence. G.L. c. 218, § 23 |
| Michigan | If a district judge hears the case, there is no appeal. If a magistrate hears it, either party may appeal de novo (a new hearing) to the small claims division of the district court within 7 days after the decision; the district judge's decision is final. Before trial, either party may demand a district judge instead of a magistrate. MCL 600.8427; MCL 600.8412; MCL 600.8408(4) |
| Minnesota | Either party may appeal by 'removal' to district court for a new trial (trial de novo). The demand for removal must be served on the other side and filed, with a good-faith affidavit and a fee equal to the district court civil filing fee, within 21 days after the court administrator sends notice of the judgment. A removing party who does not do sufficiently better in district court may owe the other side an extra $50 in costs. Minn. Gen. R. Prac. 521; Minn. Stat. § 491A.02, subds. 6-7 |
| Mississippi | A party may appeal within 10 days after the judgment by demanding an appeal and posting bond, approved by the justice court clerk, of double the judgment (or property value) plus costs, and at least $100. The appeal goes to the county court where one exists, otherwise to the circuit court. A properly bonded appeal stops collection; a civil defendant who cannot afford bond may appeal on a poverty affidavit, but that does not stop collection. Miss. Code Ann. § 11-51-85 |
| Missouri | Any party aggrieved by a final judgment (other than a consent judgment) may apply for a trial de novo (a new trial) in circuit court by filing with the small claims clerk within 10 days after judgment. Filing does not stop collection unless the applicant also posts a recognizance with approved sureties covering the judgment and costs within the same 10 days. RSMo 482.365 |
| Montana | Either party may appeal to the district court in the county by giving written notice to the small claims court and serving the other party within 10 days after judgment is entered. The district court reviews questions of law only; there is no new trial (no trial de novo). Mont. Code Ann. § 25-35-803 |
| Nebraska | Either party may appeal to the district court within 30 days after the judgment is entered by filing a notice of appeal with the county court clerk, depositing the district court docket fee (or a poverty affidavit) and a $50 cash bond or surety undertaking, and serving the other parties. The district court reviews the record for error rather than holding a new trial. Attorneys may represent parties on appeal. Neb. Rev. Stat. §§ 25-2807, 25-2729 |
| Nevada | Either party may appeal to the district court by filing a notice of appeal with the justice court within 7 calendar days after service of the judgment. The appellant posts a bond: a judgment debtor posts the judgment plus interest, $100 for costs and $15 for attorney fees; a plaintiff posts $100 for costs and $15. The appeal filing fee is $25. The winner on appeal may be awarded up to $15 in attorney fees. JCRCP 98-100; NRS 73.050; NRS 4.060(1)(h) |
| New Hampshire | The judge's findings of fact are final. A party may appeal questions of law to the New Hampshire Supreme Court when judgment is declared or within 30 days of the notice of judgment. A party who wants a sound recording of the trial must request it at least 5 business days before trial and pay for it. RSA 503:9; RSA 503:10 |
| New Jersey | Either party may appeal to the Appellate Division of the Superior Court within 45 days of the decision by filing a Notice of Appeal and Case Information Statement, requesting the transcript and filing a brief. Fees are $250 with the Notice of Appeal plus a $300 deposit within 30 days (refundable if you win). NJ Courts, Small Claims Court; Small Claims brochure (CN 10290) |
| New Mexico | Metropolitan Court: in civil cases other than landlord-tenant, any party may appeal to the New Mexico Court of Appeals by filing a notice of appeal with the Metropolitan Court within 30 days after the final judgment is entered; a docketing statement is then due in the Court of Appeals within 30 days. In landlord-tenant cases, the appeal goes to the Second Judicial District Court within 15 days of the judgment for restitution. The judgment can still be enforced during an appeal unless the losing party posts an appeal bond set by the judge. Metropolitan Court pamphlet SH-106 (rev. 3/26); Rule 3-706 NMRA |
| New York | The claimant who started the case gives up the right to appeal, except that either party may appeal only on the ground that substantial justice was not done under the substantive law. The appeal deadline is the earliest of 30 days after receiving the judgment in court, 30 days after personal delivery by another party, or 35 days after it is mailed. NYC Civil Ct. Act §§ 1807, 1811(c) |
| North Carolina | Either party may appeal for a trial de novo (a new trial) before a district court judge by giving notice orally in court or in writing within 10 days after judgment, and paying the appeal costs within 20 days (10 days in summary ejectment) or getting approval to appeal as an indigent. An appeal stops collection of a money judgment. N.C. Gen. Stat. §§ 7A-228, 7A-229, 7A-227 |
| North Dakota | No appeal. By choosing small claims court the plaintiff waives any appeal, and the defendant waives appeal upon receiving the order for appearance unless the defendant removes the case to district court. N.D.C.C. 27-08.1-04 |
| Ohio | Small claims trials are commonly heard by a magistrate. A party may file written objections to the magistrate's decision within 14 days, and must generally file a transcript of the hearing to support them. The judge then enters a final judgment, which can be appealed to the court of appeals (not a new trial). Medina Municipal Court, Small Claims (applying Ohio Civ.R. 53) |
| Oklahoma | A small claims judgment may be appealed to the Oklahoma Supreme Court in the same manner as appeals in other civil actions. It is an appeal on the record, not a new trial. 12 O.S. 1763 |
| Oregon | No appeal. A small claims judgment is final and conclusive. ORS 46.485(4) |
| Pennsylvania | Any aggrieved party may appeal a money judgment within 30 days after entry of judgment by filing a notice of appeal with the prothonotary of the court of common pleas. The appeal is heard de novo (a new trial). A plaintiff who appeals must file a complaint within 20 days after the notice of appeal; a defendant who appeals must file a praecipe asking the court to rule the plaintiff to file a complaint. Pa.R.Civ.P.M.D.J. 1002, 1004, 1007 |
| Rhode Island | The plaintiff waives the right to appeal by filing (a written waiver is filed with the claim). A defendant who loses may appeal on the same terms as in other District Court civil cases; the court's instructions say the appeal must be filed within 48 hours, goes to the Superior Court, and the appeal fee ranges from $25 to $170.75. In consumer product cases against a seller or manufacturer, a defendant who defaults loses the right to appeal and to a trial de novo. R.I. Gen. Laws 10-16-4(b), 10-16-14 |
| South Carolina | Either party may appeal to the circuit court in the county where the judgment was issued within 30 days after written notice of the judgment (or after the judgment is announced at trial in the parties' presence), by filing and serving a notice of appeal stating the grounds and paying the circuit court filing fee or seeking in forma pauperis status. The appeal is decided by a circuit judge on the magistrate's record and return, not as a new jury trial. A motion for new trial may instead be filed within five days. SCRMC Rule 18 |
| South Dakota | No appeal. No party may appeal a small claims decision; appeal rights exist only if the case is removed to the regular civil docket. SDCL 15-39-57 |
| Tennessee | Any party may appeal within 10 days of the general sessions decision to the circuit court of the county, where the case is heard de novo (a new trial). The 10-day period applies in every county regardless of any private act. T.C.A. 27-5-108 |
| Texas | Either party may appeal within 21 days after the judgment is signed (or after a motion for new trial, to set aside or to reinstate is denied) by filing a bond, cash deposit or Statement of Inability with the justice court. A plaintiff's bond is $500; a defendant's bond is twice the judgment amount. The case is tried de novo (a completely new trial) in county court. Tex. R. Civ. P. 506.1, 506.3 |
| Utah | Either party may appeal within 28 days of the judgment to the district court for a new trial (trial de novo). The appeal fee is $240, plus $10 paid to the justice court when the notice of appeal is filed. Utah Courts, Small Claims; Court Fees |
| Vermont | Any party may appeal to the Superior Court by filing a Notice of Appeal in the Civil Division within 30 days of the judgment; the fee is $120 (waiver available). The appeal is decided on the record of the small claims trial (including the audio recording), not as a new trial, by a judge who did not take part in the decision. There is no appeal as of right to the Vermont Supreme Court. 12 V.S.A. 5538; Vermont Judiciary, Small Claims Trials and Appeals |
| Virginia | Appeals are taken as in other general district court cases: if the amount in controversy exceeds $20, any party may appeal within 10 days after judgment by filing a Civil Appeal Notice (DC-475) in the general district court, and must post the appeal bond within 30 days. The case is heard de novo (new trial) in circuit court under formal rules. Va. Code 16.1-122.7, 16.1-106 |
| Washington | No appeal if the amount claimed was under $250, and a party who brought a claim or counterclaim may appeal only if they sued for more than $1,000. To appeal to superior court, within 30 days of judgment file a Notice of Appeal with the district court, serve the other parties, pay a $20 transcript fee, deposit the $280 superior court filing fee, pay a $40 processing fee, and post a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater. RCW 12.40.120; chapter 12.36 RCW; AOC brochure |
| West Virginia | Appeal to the circuit court of the county within 20 days after judgment (or after a ruling on a motion to set aside), with a bond and the circuit court filing fee paid to the magistrate clerk; the circuit court may allow a late appeal within 90 days for good cause. Non-jury cases are tried de novo by the circuit judge; jury cases are reviewed on the recorded record. Filing an appeal stays enforcement. W. Va. Code 50-5-12 |
| Wisconsin | If a court commissioner decides the case, either party may get a new trial before a circuit judge by filing and mailing a demand for trial within 10 days of an oral decision or 15 days after a written decision is mailed. A circuit judge's judgment may be appealed to the Court of Appeals; eviction appeals must be started within 15 days of entry of judgment. Wis. Stat. 799.207, 799.445 |
| Wyoming | Appeals go to the district court under the Wyoming Rules of Appellate Procedure and only on questions of law, not to review the sufficiency of the evidence. Wyo. R. Small Claims 7 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.