Dispute Resolution - Appeals
Dispute Resolution - Our experts respond
On what grounds and in what circumstances can the parties appeal? Is there a right of further appeal?
Appeal is generally available against decisions or orders of the first instance judge. Generally, the appellant has three days after receiving service of the decision or judgment (two days if dealing with an order) to appeal against the adverse judgment. The brief of appeal has to be filed before the first instance judge within five days, and the opposing party has the following five days to lodge its brief opposition. The first instance judge shall review the brief to confirm that appeal is available against the decision and that the appeal has been timely filed; in that case, the case file is sent to the Superior Court. The appellant can also request the taking of evidence in special circumstances, as part of the appeals procedure.
The extraordinary writ of cassation before the Civil Chamber of the Supreme Court of Justice is available in special circumstances, against appellate court decisions. The writ of cassation deals with special and specific matters of procedure, application of the law and evaluation of evidence.
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- An extract of the Dispute Resolution Guide 2021, originally published by Getting the Deal Through / Lexology