If you disagree with a decision (judgment or order) made by a Circuit Court Commissioner, you have the right to appeal that decision to a Circuit Court Judge. In Small Claims cases, there are two specific situations in which parties can request that an issue originally decided by a Circuit Court Commissioner be reconsidered by a Judge: review of a decision made on a motion or a new trial. In both instances, a Circuit Court Judge will hear the case anew, as if it had not been previously heard. You can find the necessary forms to initiate the DeNovo/Demand for Trial process below. The Demand for Trial must be filed within 10 days of an oral decision or within 15 days of the mailing of a written decision. Please place close attention to the service requirements.
In Small Claims actions, the court commissioner's decision becomes a judgment unless one or both parties objects to his/her decision and requests a Trial DeNovo before a circuit court judge by filing a Notice of Request for De Novo Review of Motion. It must be filed within 10 days of an oral decision or within 15 days of the mailing of a written decision.