Rule 5.01 Appeals to Be on the Record/Exceptions

If you're appealing a case to circuit court, the judge usually reviews what already happened in the lower court instead of starting over. This means the circuit court looks at the record from the original case, like the testimony, evidence, and rulings, to decide if any mistakes were made. There's no new trial in these situations.

There's one big exception to this rule. If you're appealing directly from justice court or municipal court, you get a completely new trial in circuit court. This is called a "trial de novo," which means the case starts fresh. The circuit court doesn't look back at what happened before. Instead, both sides present their evidence and arguments again, just like it's a brand new case.

So the type of appeal you get depends on where your case is coming from. Appeals from justice court or municipal court get a fresh start with a new trial. Almost every other appeal to circuit court works differently, with the judge reviewing the existing record rather than holding a new trial.