The Appellate Division has jurisdiction over appeals of all final orders/judgments issued by the Magistrate Division of the Superior Court pursuant to its original jurisdiction, as provided by 4 V.I.C. § 123(a) (this includes Small Claims, Non-Felony Traffic, Litter, Misdemeanor Criminal, Forcible Entry and Detainer (Landlord/Tenant) and Probate matters) as well as appealable interlocutory orders.   These appeals are assigned to one Superior Court judge and are governed by Virgin Islands Superior Court Rule 322, which went into effect on December 1, 2018.

It is recommended that you fully review Rule 322.  The following are highlights of the initial steps: 

Filing an Appeal of a Final Order/Judgment Issued by the Magistrate Division 
1. Rule 322(b)(1) requires an appeal to be filed within (14) fourteen days of the entry of the judgment from which the appeal is sought.

2. Rule 322(b)(2) requires the notice of appeal to identify the party initiating the appeal, designate the judgment appealed from, and contain a position statement of no more than 780 words in length (or three pages for self-represented parties) which sets forth the issues the party wishes to present with a brief argument in support of the party’s position.  

3. The notice of appeal must also include a certificate evidencing service on all other parties to the Magistrate Division proceedings.

4. Rule 322(b)(4) requires either a filing fee or a motion to proceed in forma pauperis no later than 14 days from the date that a notice of appeal is filed.  

5. The clerk or the judge shall dismiss the appeal for failure to comply with this deadline unless an extension of time has been granted.

Position Statement: Rule 322(b)(5) states that the other parties to the Magistrate action may, but are not required to, respond to the notice of appeal with a Position statement of no more than 780 words (or three pages for self-represented parties). They are not required to file any fees.

Record of the Appeal: Rule 322(b)(6) discusses the record of the appeal, which includes all exhibits and oral evidence taken by the magistrate and the oral recording or written transcript of the proceedings. 

Electronic Copy of the Hearing: Rule 322(b)(6)(iii) allows the parties to request from the clerk, upon payment, an electronic copy of the hearing.  Parties may also a written transcript from the Office of the Court Reporter at a cost set by the court reporter.