78A-8-106 - Appeals -- Who may take and jurisdiction.
78A-8-106. Appeals -- Who may take and jurisdiction.
(1) Either party may appeal the judgment in a small claims action to the district court ofthe county by filing a notice of appeal in the original trial court within 30 days of entry of thejudgment. If the judgment in a small claims action is entered by a judge or judge pro tempore ofthe district court, the notice of appeal shall be filed with the district court.
(2) The appeal is a trial de novo and shall be tried in accordance with the procedures ofsmall claims actions. A record of the trial shall be maintained. The trial de novo may not beheard by a judge pro tempore appointed under Section 78A-8-108. The decision of the trial denovo may not be appealed unless the court rules on the constitutionality of a statute or ordinance.
Renumbered and Amended by Chapter 3, 2008 General Session