25-35-801. Entry of judgment

25-35-801. Entry of judgment. Upon the conclusion of the case tried to the court, the justice shall make findings and enter judgment. History: En. Sec. 19, Ch. 586, L. 1981; amd. Sec. 516, Ch. 56, L. 2009.

25-35-802. Costs

25-35-802. Costs. The prevailing party in an action before the small claims court is entitled to the party’s costs. History: En. Sec. 20, Ch. 586, L. 1981; amd. Sec. 517, Ch. 56, L. 2009.

25-35-803. Appeal to district court — commencement and scope

25-35-803. Appeal to district court — commencement and scope. (1) If either party is dissatisfied with the judgment of the small claims court, the party may appeal to the district court of the county where the judgment was rendered. An appeal must be commenced by giving written notice to the small claims court and serving a […]

25-35-804. Record on appeal

25-35-804. Record on appeal. (1) Within 30 days of the notice, the entire record of the small claims court proceedings must be transmitted to the district court or the appeal must be dismissed. It is the duty of the appealing party to perfect the appeal. (2) When notice of appeal is filed, the justice shall forward the […]

25-35-805. Use of transcripts or tapes by district court

25-35-805. Use of transcripts or tapes by district court. The district court may hear the recording of the proceedings of the justice’s court, but in its discretion it may have parts or all of the recordings transcribed at the cost of the district court. If the proceedings are stenographically taken, the notes will be transcribed in […]

25-35-806. Attorney fees upon appeal or removal

25-35-806. Attorney fees upon appeal or removal. (1) If the parties are represented by counsel on appeal, the court may grant the prevailing party reasonable attorney fees in addition to costs. (2) If a defendant removes a matter to justice’s court under the provisions of 25-35-605(1) but does not prevail in justice’s court, the court may grant the […]

25-35-807. Execution of judgment

25-35-807. Execution of judgment. Proceedings to enforce or collect a judgment are governed by the laws relating to execution upon justice’s court judgments. History: En. Sec. 24, Ch. 586, L. 1981.