Effect of an Appeal from Justice Court to County or Circuit Court

Justice Court in Mississippi is good for handling small claims where the claim does not exceed $3,500.00.  However, what happens when the case is appealed?

Mississippi Code Annotated §11-51-91 provides that appeals from justice court to circuit court are to proceed by trial de novo. See, e.g., Franklin Collection Serv. v. Stewart, 863 So.2d 925, 929(¶ 10) (Miss.2003); Walker v. Benz, 914 So.2d 1262, 1267(15) (Miss.Ct. App.2005) (citation omitted)); see also URCCC 5.01 ("Direct appeals from justice court and municipal court shall be by trial de novo."). The appeal proceeds in the circuit court "as if a complaint and answer had been filed...." URCCC 5.07.   Further, the proceedings on appeal to the circuit court are "governed by the Mississippi Rules of Civil Procedure, where applicable...." Id.

In Lucedale Commercial Co. v. Strength, 163 Miss. 346, 352-53, 141 So. 769, 769 (1932), the Mississippi Supreme Court held:

"When a cause is removed to the circuit court on appeal from a justice of the peace          court, the jurisdiction acquired by the circuit court is not in any proper sense appellate. The circuit court, in such cases, has no authority to merely review and affirm or reverse the judgment of the justice of the peace, but the case must be tried anew as if it were originally instituted in the circuit court, with the single exception that written pleadings are not required. And the jurisdiction to consider such cases de novo on appeal, and, decide them according to the law and the evidence, independent of the rulings and judgment of the lower court, is original and not appellate."

What this really amounts to is a whole new ballgame.  The rules of civil procedure apply, the pleadings may be amended to include new claims, and any other relief may be available as provided for by statute and the Rules of Civil Procedure.   As such, a small claim can get very expensive to litigate.