TITLE 25. CIVIL PROCEDURE

CHAPTER 35. SMALL CLAIMS PROCEDURE -- JUSTICE'S COURT

Part 8. Judgment -- Appeal

Attorney Fees Upon Appeal Or Removal

25-35-806. Attorney fees upon appeal or removal. (1) If the parties are represented by counsel on appeal, the court may grant the prevailing party reasonable attorney fees in addition to costs.

(2) If a defendant removes a matter to justice's court under the provisions of 25-35-605(1) but does not prevail in justice's court, the court may grant the plaintiff reasonable attorney fees, if any.

History: En. Sec. 25, Ch. 586, L. 1981; amd. Sec. 520, Ch. 56, L. 2009.