Defendants Claim Of Appeal

DEFENDANT’S CLAIM OF APPEAL. Massachusetts General Laws chapter 218, section 23 (which is reproduced below) permits a defendant to appeal from a magistrate’s decision in a small claim for trial before either a Trial Court judge or a jury. If you request a trial by a judge, you will not have any right in the future to a trial by a jury. Generally the plaintiff does not have any right of appeal in a small claim. However, the plaintiff may appeal from a magistrate’s decision in any counterclaim that was brought by the defendant against the plaintiff. To claim an appeal, you must file this form or an equivalent claim of appeal within 10 days of receiving the court’s ”Notice of Judgment” form notifying you of the magistrate’s decision. Saturdays, Sundays and holidays are included in counting the 10-day period, but if the tenth day falls on a Saturday, Sunday or legal holiday, you may file your claim of appeal on the following business day. File this form in the clerk-magistrate’s office of the court where the small claim was tried. Within the 10-day period, you must also pay the $25 filing fee for the appeal required by G.L. c. 218 § 23. Make your check payable to “Clerk-Magistrate”. Also within the 10 days you must generally post a $100 appeal bond. See Section 23 below for those situations when a higher bond, or no bond, is required. You must do all of these things timely or your appeal will be dismissed. www.FormsWorkflow.com