Rule 72.1. Appeals in summary possession cases

(a) Request for appeals. -- Appeals in summary possession cases must be requested in writing within five (5) days of judgment.

(b) Stay. -- No request for an appeal shall stay proceedings on such judgment unless the aggrieved party, at the time of making such request, shall execute and file with the Court an undertaking to the successful party, with such bond or other assurances as may be required by the Court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against that party and abide by the order of the Court therein and pay all damages, including rent, justly accruing during the pendency of such proceedings. All further proceedings in execution of the judgment shall thereupon by stayed.

(c) Three judge panel. -- An appeal following a summary possession trial shall be made to a three (3) judge panel comprised of three (3) judges other than the judge who presided at the trial. The members of the panel shall be appointed by the Chief Magistrate or the Chief Magistrate's designee. All decisions shall be by majority vote.

(d) Appeals de novo. -- An appeal of a decision following a nonjury trial shall be a trial de novo . An appeal by trial de novo may include claims and counterclaims not raised in the initial proceeding provided that, within five (5) days of filing of the appeal, the claimant also files a bill of particulars identifying any new issues which claimant intends to raise at the hearing which were not raised in the initial proceeding.

(e) Appeals on the record. -- An appeal of a decision resulting from a jury trial shall be on the record and the party seeking the review must designate with particularity the points of law which the party appealing feels were erroneously applied at the trial court level. An appeal on the record may include any issue on which judgment was rendered at the trial court level, including the issue of back rent due.

(f) Failure of a party to appear on appeal. -- In either an appeal by trial de novo or an appeal on the record, if the appellant (or both parties) fails to appear for trial of the appeal, the judgment below shall stand. If the appellee fails to appear, the Court may enter a default judgment pursuant to Rule 55(b). Rules 73-76 Omitted. X. THE JUSTICE OF THE PEACE COURT.