TITLE 1

COURTS AND COURT OFFICIALS

CHAPTER 23

SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE DIVISION

1-2311.  Appeal to lawyer magistrate. If either party is dissatisfied, he may, within thirty (30) days from the entry of said judgment against him, appeal to a lawyer magistrate other than the magistrate who entered said judgment; and if the final judgment is rendered against him by such lawyer magistrate, then he shall pay, in addition to any judgment rendered in the magistrate’s division, an attorney’s fee to the prevailing party in the sum of twenty-five dollars ($25.00), provided, however, that appeals from such small claims department shall be allowed only in such cases as appeals would be allowed if the action were instituted in the magistrate’s division as is now provided, and further provided that the appeal shall be heard in the county wherein the original small claim was filed. A fee of twenty dollars ($20.00) shall be paid by the party taking the appeal, which shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund.

History:

[1-2311, added 1969, ch. 103, sec. 11, p. 348; am. 1985, ch. 167, sec. 1, p. 443; am. 2014, ch. 190, sec. 3, p. 508; am. 2023, ch. 78, sec. 3, p. 266.]