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Phone: (415) 444-7046, Option 6
Email: smallclaims@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 3:30pm
How do I get a continuance date for my small claim appeal?
Is there a charge to continue the small claim appeal hearing?
What if the other party will not agree to the continuance?
Am I allowed to have an attorney represent me?
What if the case settles or the appellant wishes to withdraw the appeal
prior to the hearing?
The exhibits in my small claim case were not returned to me and I need
them for the small claim appeal. How do I get those back for the hearing?
For more information, see the California Small Claims Courts Information Center by clicking here.
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How do I get a continuance date for my small claim appeal?
Requests for continuances must be made at least ten calendar days prior to the hearing date. The Court
requires both sides to agree to a continuance. This means the party requesting the continuance must call
or write the other party and request permission to continue the hearing date. You should first call the
Small Claims Appeal Desk (415) 444-7046, Option 6 to obtain the next available dates so you may discuss them with
the other party.
Is there a charge to continue the small claim appeal hearing?
Yes. The requesting party must send the Court a $20.00 processing fee and confirmation letter stating
the agreed upon date. A copy of this letter must be mailed to the other party.
What if the other party will not agree to the continuance?
Write a letter to the Small Claims Appeal Desk. In that letter, state the reason for the continuance and
that you were unable to get an agreement from the other side. The letter will be routed to the Supervising
Civil Judge to determine whether the continuance should be granted. A copy of this letter must be mailed
to the other party.
Am I allowed to have an attorney represent me?
Yes, you may retain an attorney. The Court must be informed of the name, address, and phone number of your
attorney, should you retain one.
What if the case settles or the appellant wishes to withdraw the appeal prior to the
hearing?
Please call the Small Claims Appeals Desk (415) 444-7046, Option 6 and inform the clerk of the settlement or withdrawal
of the appeal. It is the appellant's obligation to file a "Request For Dismissal" form with the Court if
the case settles or is withdrawn before trial.
The exhibits in my small claim case were not returned to me and I need them for the small
claim appeal. How do I get those back for the hearing?
Exhibits retained by the Court will be made available for the hearing.
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Overview
An appeal of a small claim judgment is a request to the Court to reverse the decision made in the Small Claims
Court by having the case heard again, by a different judicial officer. If the party requesting the appeal is
entitled to a new hearing, the case will be transferred to the Small Claims Appeal Clerk to set a hearing date.
Please note that only defendants have the right to an appeal. In certain circumstances, plaintiffs may request
that the Court cancel, correct or vacate a judgment if there is a clerical error or if the case was decided on
an erroneous legal basis, but these situations are rare.
An appeal of a small claim judgment must be filed within 30 calendar days of the date of the judicial decision
or, if the decision is mailed, within 30 calendar days of the date the clerk mailed the Notice of Entry of
Judgment. The date will appear on the notice. The filing fee must be paid to the Court when filing the Notice
of Appeal. For the amount of the filing fee, please
click here.
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