On appeal before the Superior Court, the standard of review is limited. The appeal must
be heard and decided “based on the record made in the Small Claims Court.” 12 V.S.A. § 5538.
The appellate court will not set aside findings of fact unless they are clearly erroneous. Bartley-
Cruz v. McLeod, 144 Vt. 263, 264 (1984). The appellate court gives less deference to the trial
court with regard to issues of law. However, the weight of the evidence and the credibility of
witnesses are determined by the Small Claims Court as the trier of fact. Brown v. Pilini, 128 Vt.
324, 328 (1970). When reviewing questions of fact, this court does not substitute its judgment
for that of the Small Claims Court. Whipple v. Lambert, 145 Vt. 339, 341 (1985); see also V.R.S.C.P.
10(d) (appeals limited to questions of law).
In addition, an appeal is not an opportunity to present new evidence, but only to
determine whether the Judge’s findings have a valid basis in the evidence admitted and whether
the Judge correctly applied the law. Maciejko v. Lunenburg Fire Dist. No. 2, 171 Vt. 542, 543
(2000) (mem.); Brandon v. Richmond, 144 Vt. 496, 498 (1984).