Appeal the decision of the court of first instance

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Appeal the decision of the court of first instance

The decision of the court of first instance cannot always satisfy all parties to the process. If you do not agree with the verdict, you have the legal right to appeal it. The appeals process has a well-defined procedure that is critical to a successful outcome.

Terms of appeal of the decision of the court of first instance

First of all, it is important to know that the appeal period is clearly defined and limited. As a general rule, an appeal can be filed within 30 days from the day of its announcement.

There are a number of exceptions to this rule:

  • 10 days: to cancel decisions on securing a claim, on refusing to secure a claim, on stopping the proceedings in the case, on closing the proceedings in the case.
  • 15 days: to appeal decisions on returning a claim, on leaving a claim without consideration.

Important: the cancellation period begins to expire from the day the court decision is announced. If you were not present at the meeting, the appeal period begins on the day a copy of this decision is delivered to you.

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Grounds for annulment of the decision of the court of first instance

  1. Errors in law enforcement. If the court of first instance incorrectly applied the law or misinterpreted the legal norms, this can be grounds for challenging the decision.
  2. Violation of procedural rules. If procedural rules were violated during the trial, for example, in connection with improper questioning of witnesses, lack of opportunity for defense, then this may be grounds for appeal.
  3. Insufficient evidence. If the court made a decision based on insufficient or unreliable evidence, this decision can be overturned.
  4. Conflict of interest. If the judge or other participants in the court process had a conflict of interest or took actions that could affect the objectivity of the decision, this may also be grounds for cancellation.
  5. New circumstances. If there are new facts or circumstances that were not taken into account during the trial of the first instance and which may significantly affect the case, this may be grounds for an appeal.
  6. Evaluation of evidence. If the judge made an incorrect evaluation of the evidence or took into account the wrong circumstances when making a decision, this can also be grounds for appeal.

These grounds may vary depending on the specific circumstances of the case and are not exhaustive.

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Why it is important to contact legal experts to appeal the decision of the court of first instance

When the decision of the court of first instance is overturned, various errors may occur, which may negatively affect the outcome of the appeal process. Here are some of the most common mistakes:

  • An insufficient or superficial analysis of the evidence can lead to an incorrect assessment of the situation and the omission of important facts that could influence the decision of the appellate court.
  • Poor wording of the appeal, incorrect use of legal terms or insufficient reasoning can reduce the chances of success in the second instance.
  • Untimely submission of an appeal, failure to meet established deadlines or procedural requirements may result in refusal to accept the appeal for consideration.
  • The lack of legal expertise can lead to insufficient argumentation of the appeal and the loss of the opportunity to properly resolve the case in the second instance.

Appealing to legal experts to challenge the decision of the court of first instance is important for several reasons:

  • Legal experts have in-depth knowledge of legislation and court practice. They can scrutinize all aspects of the case, including the evidence, and identify potential flaws or errors that could be grounds for further appeal.
  • The specialists of our law firm can help develop an appeal strategy, taking into account the specifics of the particular case, the strengths and weaknesses of the arguments and the legal basis.
  • Challenging the decision of the court of first instance requires the correct filing of the appeal and the presentation of relevant legal arguments. Legal experts can prepare relevant documents and provide necessary comments and explanations.
  • If necessary, lawyers can represent the client’s interests in the appeals court. Their experience and knowledge will help to effectively protect the rights and interests of the client during the hearing of the case.

Therefore, contacting our law firm to appeal the decision of the court of first instance will help protect the interests and rights of the parties in the litigation as much as possible.

For consultation or calculation of the price of appealing the decision of the court of first instance – fill out the form below.

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Perepelchenko Anatolii
Senior partner

Lawyer, specializing in real estate, corporate, financial, tax, civil and contract law, as well as litigation.

Contact now
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