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Who May Appeal?

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Who May Appeal?

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The Defendant in a Small Claims case may appeal a Small Claims judgment. The Plaintiff in a Small Claims case may only appeal if he or she is ordered to pay the Defendant something as a result of the Defendant’s counterclaim. The Plaintiff may not appeal the dismissal of his or her claim or a judgment in favor of the Defendant that is not the result of a counterclaim. Deadline for Appeals A Notice of Appeal must be filed with the Court and with the opposing party no later than ten (10) days from the date the Notice of Judgment is received in the mail. In general, the Court presumes that the date of receipt would be three (3) days after the judgment is mailed unless the appealing party can show the Court that the judgment was received in the mail at a later date.

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The only person that is allowed to file an appeal before the AAO, is the person that filed the application. However, the person that filed the appeal may so choose to have their legal counsel or attorney present at the time of facing the appellate division.

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