Appeal in civil proceedings - what do I need to know?
If you disagree with the judgment of the first-instance court, you can appeal to the second-instance court which will hear your case again. Such an appeal in civil proceedings is called an appeal. What should I know about this remedy? You will learn from the article below what is an appeal in civil proceedings!
Appeal in civil proceedings - basic information
The judgment of the court of first instance may be appealed against to the court of second instance. The appeal against the judgment of the district court is heard by the regional court, and against the judgment of the regional court as the first instance - the court of appeal. You must appeal to a higher court. From the judgment of the district court - to the regional court, and from the judgment of the district court (in the first instance) - to the court of appeal.
Appeal in civil proceedings - formal requirements
An appeal in civil proceedings should meet the requirements for a pleading, and should also contain:
the designation of the judgment against which it is brought, indicating whether it is being challenged in whole or in part;
brief presentation of the charges;
justification of the charges;
appointment, if necessary, of new facts or evidence;
a request to amend or set aside the judgment, indicating the scope of the requested change or repeal.
In the allegations as to the factual basis of the decision, it is necessary to indicate facts established by the court of first instance that are inconsistent with the actual state of affairs or facts important for the decision that were not determined by the court of first instance.
When citing new facts or evidence, it should be substantiated that their appointment in the proceedings before the court of first instance was not possible or the need to appoint them arose later.
When referring to a fact evidenced by evidence recorded by means of sound or image and sound recording equipment, the part of the record relating to that fact should be marked.
In cases of property rights, the value of the subject of the appeal should be marked. It may be set for an amount higher than the value of the subject of the dispute indicated in the statement of claim only if the claimant extended the claim or the court ruled beyond the request. We appeal through the court that issued the judgment. This means that the document is addressed to the court competent to hear the case (district or appeal court), adding "via" and indicating the court that issued the judgment. We submit the appeal to the registration journal or send it to the address of the court that issued the verdicts. The same court will refer the appeal to the competent court together with the case files.
Appeal in civil proceedings - how and when to file?
An appeal is to be lodged with the court which issued the judgment under appeal within two weeks from the delivery of the judgment with the reasons to the applicant.
In the event of an extension of the deadline for the preparation of a written justification of the judgment, the time limit for submitting an appeal is three weeks. The court notifies the party about it, delivering the judgment with justification to it. If the notice indicated incorrectly, and the party complied with it, the appeal shall be deemed to have been filed within the time limit.
The deadline for appeal is considered met also if the party lodged an appeal with the court of second instance before its expiry.
Under what circumstances will an appeal be rejected in civil proceedings?
The court of second instance will dismiss a late, unpaid or otherwise inadmissible appeal, as well as an appeal, the deficiencies of which the party has not remedied within the prescribed period. We file the appeal within 2 weeks from the date of delivery of the justification. First, therefore, you must submit an application for the service of the judgment with a justification, for which we have 7 days.
Answer and hearing and appeal in civil proceedings
The chairman orders copies of the appeal to be delivered to the other parties. They may respond to the appeal within two weeks from the date of delivery of the copy of the appeal.
The court of second instance may hear the case in closed session, if a hearing is not necessary. The examination of the case in closed session is inadmissible, if the party to the appeal or the response to the appeal has applied for a hearing, unless the statement of claim or appeal is withdrawn or the proceedings are null and void.
In other cases, the chairman sets a hearing. Hearing before the court of second instance takes place regardless of the failure of one or both parties.
After calling the case, the hearing begins with the judge's report, who briefly presents the state of the case, with particular emphasis on the charges and appeals. The court may resign from the report with the consent of the parties present or in the event of their failure to appear, unless the hearing is held with the participation of the audience.
What does the court take into account when considering an appeal in civil proceedings?
The court of second instance hears the case within the limits of the appeal. However, within the limits of the appeal, it ex officio takes into account the nullity of the proceedings. Regardless of whether we accuse the appeal of the invalidity of the proceedings or not - the court will still examine whether there was a basis for annulment.
The proceedings are null and void:
if the court action was inadmissible;
if the party did not have judicial or procedural capacity, the body appointed to represent it or its legal representative, or if the party's representative was not duly authorized;
if a previously initiated case is pending for the same claim and between the same parties, or if such a case has already been legally judged;
if the composition of the adjudicating court was inconsistent with the provisions of the law or if the judge excluded by virtue of the law participated in the examination of the case;
if a party has been deprived of the ability to defend its rights;
if the district court ruled in a case in which the regional court is competent regardless of the value of the subject matter of the dispute.
Within the limits of the appeal, the court of second instance may ex officio hear the case also for the benefit of co-participants who have not appealed against the judgment, if the rights or obligations subject to the appeal are common to them.
The court of second instance, at the request of a party, hears also those decisions of the court of first instance which were not subject to appeal by way of a complaint, but had an impact on the resolution of the case.
Start a free 30-day trial period with no strings attached!
Appeal in civil proceedings - new facts and evidence before the court of second instance
The court of second instance decides on the basis of the material collected in the proceedings in the first instance and in the appeal proceedings.
It may disregard new facts and evidence if a party could invoke them in the proceedings before the court of first instance, unless the need to refer to them arose later.
In appeal proceedings, you cannot extend the claim or submit new claims. However, in the event of a change in circumstances, you can request its value or another subject instead of the original subject of the dispute, and in cases of repeated benefits, you can also extend the claim for benefits for further periods.
Appeal in civil proceedings - how can a court rule?
The court may not set aside or amend an award to the detriment of the appellant party, unless the other party has also appealed.
The court of second instance dismisses the appeal if it is unfounded. If the appeal is upheld, the court of second instance changes the judgment under appeal and adjudicates on the merits of the case.
In the event of annulment of the proceedings, the court of second instance shall quash the judgment under appeal, abolish the proceedings in the scope affected by the invalidity and refer the case to the court of first instance for re-examination.
If the claim is rejected or there is a basis for discontinuation of the proceedings, the court of second instance shall quash the judgment and reject the claim or discontinue the proceedings.
Moreover, the court of second instance may quash the judgment under appeal and refer the case back for reconsideration only if the first instance court fails to recognize the merits of the case or if the issuance of the judgment requires the taking of evidence in its entirety.
The judgment with the justification is delivered to the party who, within one week from the date of announcement of the judgment, applied for the service of the judgment with the justification.