Civil Court Matters

Civil Complaints

A civil complaint may be filed in Justice Court if the amount of damages is less than $15,000.00. Civil complaints in Justice Court may involve:

Breach of Contract
Punitive Damages
Actions to Obtain Possession of Property
Writ of Restitution

Representation by an attorney is not mandatory. However, legal representation is strongly advised for civil cases because they involve a more formal court setting than Small Claims Court. You will be required to follow the Justice Court Rules of Civil Procedure and the Rules of Evidence. You will also be required to prepare all of your own documents. Self-help forms are not provided and the clerks at Incline Justice Court cannot provide legal advice.

Attorney's fees may be awarded to the prevailing party in Civil actions. This is not true of Small Claims cases.

For more detailed information on civil cases, please see this Article on the Overview of a Civil Case.

Civil Appeals

Notice of Appeal

If you would like to appeal a civil judgment of the Incline Justice Court, you must complete and file a NOTICE OF APPEAL within the following timeframes:

Small Claims – 5 judicial days (JCRCP 98)
Evictions – 10 Judicial days (JCRCP 76B)
Protection Order for Stalking and Harassment – 20 Judicial Days (JCRCP 72B (a) and JCRCP 76B)

Filing Fees

Filing fees in the amount of fees totaling $551.00 are as follows:

Justice Court Appeal Fee	$50.00
Audio Recording	$35.00
District Court Filing Fee	$216.00
Appeal Bond	$250.00

All above fees are paid separately to the respective organization.

Supersedeas Bond

Upon the filing of a Seupsedeas Bond, the assets of the judgment debtor (e.g., the Defendant) cannot be attached or executed against during the stay on appeal. The supersedeas bond is usually posted by the Judgment Debtor for the amount of the judgment.

Notification of Appeal

The Appellant is required to serve a copy of the Notice of Appeal upon the Resondent. This can be done by certificate of mailing; personal service is not required.

Transcript of Statement of Facts

It is the Appellant's responsibility to present a transcript of the court proceedings to the Second Judicial District Court. This court will, upon receipt of a fee, prepare an audio recording and present it to the Court Reporter for transcribing. The Appellant will receive a separate bill for preparation of the transcripts by the Court Reporter.