Legal Question in Appeals and Writs in California

i won my case small claims. the defendant appealed for a trial de novo. what kind of evidence need to be presented by the defendant to meet a de novo appeal?


Asked on 6/11/12, 8:59 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

A trial de novo from a small claims matter means the whole case is heard again, with a fresh trial. It is different than other appeals in which the appellant must show that the trial court that heard the matter earlier made an error of law. So in effect, you will have to present your entire case again.

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Answered on 6/11/12, 9:19 am
Terry A. Nelson Nelson & Lawless

It is a do-over new trial. Put on whatever you have.

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Answered on 6/11/12, 12:18 pm
Edward Hoffman Law Offices of Edward A. Hoffman

A small claims appeal is a second trial. You're still the plaintiff and you still have the burden of proof.

In other appeals the appealing party would have the burden of persuading the appellate court that the trial court made mistakes which likely resulted in a judgment less favorable to him than it should have been. That's not true in a small claims appeal.

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Answered on 6/11/12, 1:01 pm


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