Courts and complaints

When do you file an appeal against a court judgment?

Huquqchi legal team

In civil cases you file an appeal against a judgment that has not entered into legal force, within one month from the day the court renders it. For cases heard under the simplified procedure and some other cases the time limit is ten days. A time limit missed for a valid reason can be restored.

Which stages exist

  1. Appeal — before the judgment enters into force. The case is heard again on its merits.
  2. Cassation — against judgments that have entered into force and were not heard on appeal. The court checks the legality, the validity and the fairness of the judgment.

The time limit

Under article 385¹ of the Civil Procedure Code, you file the appeal within one month from the day the court renders the judgment. For cases heard under the simplified procedure, and for cases on the return of an unlawfully occupied state land plot and on the demolition of an unauthorised construction, the time limit is ten days after the court renders the judgment.

What the complaint must contain

Under article 386 of the Civil Procedure Code, the complaint must contain:

Restoring the time limit

If you missed the time limit for a valid reason, file a request to restore it and confirm the reason with a document. You must file the request no later than three months from the day the court rendered the judgment. If the court finds the reason valid, a judge of the appellate instance court restores the time limit.

Advice

Write down the date on which the court rendered the judgment. The time limit runs from that date, not from the day you received the copy.

Legal sources

Legal basisCivil Procedure Code, article 385¹ Legal basisCivil Procedure Code, article 383 Legal basisCivil Procedure Code, article 386

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.