Rule 510.19. APPEAL

RULE 510.19. APPEAL

(a)

How Taken; Time. A party may appeal a judgment in an eviction case by filing a bond,

making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs

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under (c) with the justice court within 5 days after the judgment is signed. A defendant who

files an appeal must affirm, under penalty of perjury, the defendant’s good faith belief that

the defendant has a meritorious defense and that the appeal is not for the purpose of delay.

Such affirmation is not reviewable by the justice court. An appeal is perfected when a bond,

cash deposit, or Statement of Inability to Afford Payment of Court Costs is timely filed

with the justice court.

(b)

Amount of Security; Terms. The justice court judge will set the amount of the bond or

cash deposit to include the items enumerated in Rule 510.21, taking into consideration the

money required to be paid into the court registry in a residential eviction appeal. The bond

or cash deposit must be payable to the appellee and must be conditioned on the appellant’s

prosecution of its appeal to effect and payment of any judgment and all costs rendered

against it on appeal.

(c)

Statement of Inability to Afford Payment of Court Costs.

(1)

Filing. An appellant who cannot furnish a bond or pay a cash deposit in the

amount required may instead file a Statement of Inability to Afford Payment of

Court Costs. The Statement must be on the form approved by the Supreme Court

or include the information required by the Court-approved form. A party who

perfects an appeal of a justice court judgment with a Statement of Inability to

Afford Payment of Court Costs is not required to pay the county court filing fee or

file an additional Statement of Inability in the county court to waive costs on appeal.

(2)

Contest. The Statement may be contested as provided in Rule 510.7 within 5 days

after the opposing party receives notice that the Statement was filed.

peal of a justice court judgment with a Statement of Inability to

Afford Payment of Court Costs is not required to pay the county court filing fee or

file an additional Statement of Inability in the county court to waive costs on appeal.

(2)

Contest. The Statement may be contested as provided in Rule 510.7 within 5 days

after the opposing party receives notice that the Statement was filed.

(3)

Appeal If Contest Sustained. If the contest is sustained, the appellant may appeal

that decision by filing notice with the justice court within 5 days of that court’s

written order. The justice court must then forward all related documents to the

county court for resolution. The county court must set the matter for hearing

within 5 days and hear the contest de novo, as if there had been no previous hearing,

and, if the appeal is granted, must direct the justice court to transmit to the clerk of

the county court the transcript, records, and papers of the case, as provided in these

rules.

(4)

If No Appeal or If Appeal Overruled. If the appellant does not appeal the ruling

sustaining the contest, or if the county court denies the appeal, the appellant may,

within one business day, post an appeal bond or make a cash deposit in compliance

with this rule.

(d)

Payment of Rent in Appeals.

(1)

Notice. If a defendant appeals a residential eviction, the justice court must provide

to the defendant a written notice at the time the appeal is filed that contains the

following information in bold or conspicuous type:

s the appeal, the appellant may,

within one business day, post an appeal bond or make a cash deposit in compliance

with this rule.

(d)

Payment of Rent in Appeals.

(1)

Notice. If a defendant appeals a residential eviction, the justice court must provide

to the defendant a written notice at the time the appeal is filed that contains the

following information in bold or conspicuous type:

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(A)

the initial rent amount as stated in the judgment that the defendant must

pay into the justice court registry;

(B)

whether the initial rent payment must be paid in cash, cashier’s check, or

money order, and to whom the cashier’s check or money order, if

applicable, must be made payable;

(C)

the calendar date by which the initial rent payment must be paid into the

justice court registry, which must be within 5 days of the date the appeal

is filed;

(D)

for a justice court that closes before 5 p.m. on the date specified in (C), the

time the court closes;

(E)

that, after the initial rent payment, the defendant must pay the rent amount

stated in the judgment on or before the beginning of each rental pay period

during the pendency of the appeal, into the justice or county court registry,

according to the court in which the case is pending at the time of payment;

(F)

whether the rent that must be paid on or before the beginning of each rental

pay period must be paid in cash, cashier’s check, or money order, and to

whom the cashier’s check or money order, if applicable, must be made

payable;

(G)

the calendar dates by when the rent must be paid on or before the beginning

of each rental pay period during the pendency of the appeal into the justice

court or county court registry, as applicable, according to the court in

which the case is pending at the time of payment;

(H)

for a justice court or county clerk’s office that closes before 5 p.m

applicable, must be made

payable;

(G)

the calendar dates by when the rent must be paid on or before the beginning

of each rental pay period during the pendency of the appeal into the justice

court or county court registry, as applicable, according to the court in

which the case is pending at the time of payment;

(H)

for a justice court or county clerk’s office that closes before 5 p.m. on the

dates specified in (G), the time the court or office closes; and

(I)

a statement that failure to pay the required amount into the justice court

or county court registry by the required dates may result in the court

issuing a writ of possession without hearing.

(2)

Defendant May Remain in Possession. A defendant who appeals a residential

eviction is entitled to stay in possession of the premises during the pendency of

the appeal by complying with the following procedure:

(A)

Within 5 days of the date that the defendant files an appeal, they must pay

into the justice court registry the amount in the notice provided at the time

the defendant filed the appeal.

(B)

During the appeal process the defendant must pay the rental amount on

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or before the beginning of each rental pay period, as designated in the notice

provided at the time the defendant filed the appeal, into the justice court or

county court registry, depending on the court in which the case is pending

at the time of payment .

(C)

If a government agency is responsible for all or a portion of the rent, the

defendant must pay only that portion of the rent determined by the justice

court to be paid during appeal. Either party may contest the portion of the

rent that the justice court determines must be paid into the county court

registry by filing a contest within 5 days after the judgment is signed. If

a contest is filed, the justice court must notify the parties and hold a

hearing on the contest within 5 days

pay only that portion of the rent determined by the justice

court to be paid during appeal. Either party may contest the portion of the

rent that the justice court determines must be paid into the county court

registry by filing a contest within 5 days after the judgment is signed. If

a contest is filed, the justice court must notify the parties and hold a

hearing on the contest within 5 days.

(D)

If the defendant fails to pay the designated amount into the justice or

county court registry within the time limits prescribed by these rules and

the justice court provided notice required by Rule 510.16, the plaintiff may

request a writ of possession from the court in which the case is pending,

and upon determining that the defendant has failed to pay the designated

amount, the court shall issue the writ without a hearing.

(E)

The justice court or county court, as applicable, shall disburse rent paid into

the justice court or county court registry to the landlord on request at any

time during or after the pendency of the appeal.

(F)

A defendant's payment of rent into a court registry relieves them of the

obligation to pay rent to the landlord for the rental pay period for which

the payment is made.

(G)

All requests and motions under this subparagraph are entitled to

precedence in the county court.

(e)

Notice to Other Parties Required. If a Statement of Inability to Afford Payment of Court

Costs is filed, the court must provide notice to all other parties that the Statement was filed

no later than the next business day. Within 5 days of filing a bond or making a cash

deposit, an appellant must serve written notice of the appeal on all other parties using a

method approved under Rule 501.5.

(f)

No Default on Appeal Without Compliance With Rule. No judgment may be taken by

default against the adverse party in the court to which the case has been appealed without

first showing substantial compliance with this rule.

days of filing a bond or making a cash

deposit, an appellant must serve written notice of the appeal on all other parties using a

method approved under Rule 501.5.

(f)

No Default on Appeal Without Compliance With Rule. No judgment may be taken by

default against the adverse party in the court to which the case has been appealed without

first showing substantial compliance with this rule.

(g)

No Dismissal of Appeal Without Opportunity for Correction. An appeal must not be

dismissed for defects or irregularities in procedure, either of form or substance, without

allowing the appellant, after 7 days’ notice from the court, the opportunity to correct such

defect.

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(h)

County Court Filing Fees. The appellant must pay the county court filing fee on appeal

to a county court. If the appellant fails to pay the filing fee within 7 days after being notified

to do so by the county clerk, the appeal is not perfected, and the county clerk must return

all papers in the cause to the justice court having original jurisdiction and the justice court

must proceed as though no appeal had been attempted. An appellant who perfects an appeal

of a justice court judgment with a Statement of Inability to Afford Payment of Court Costs

is not required to pay the county court filing fee or file an additional Statement in the county

court to waive costs on appeal.