Legal Question in Appeals and Writs in Missouri

Re: small claims judgement appeal

Assuming the defendant appeals the right of appeal is by "trial de novo" and the trial de novo is governed by the rules of circuit court. That means you likely do need an attorney to represent you if the defendant perfected the appeal (meaning, that he complied with the rules and the circuit court grants the trial de novo).

If a trial de novo is scheduled, you would be well advised to at least consult with an attorney over the basis of the lawsuit. At a trial de novo you have to admit your evidence under the rules of evidence, and this is not something that is necessarily intuitive such that you'd just be able to blunder in an do it. The judge cannot help you admit your evidence.

I understand the problem, but it would be a good idea to consult with an attorney before going to trial de novo.

Good luck.