Recourse procedure against court non-final decisions.
Chapter XXXVIII. Recourse proceedings.
Title III. Ways of challenging judicial decisions.
Code of Civil Procedure of the Republic of Moldova
Summary: Recourse procedure against court non-final decisions
Excerpt:
Article 423. Recourse against the non-final decision of the first instance
(1) The non-final (interlocutory) decision made in the first instance may be recoursed (to file a recourse challenge) separately from the decision by the parties and other participants in the proceedings in cases provided for by this Code and other laws, as well as in cases where the non-final decision makes further progress in the case impossible. They shall be considered in cassation in accordance with the rules established by this Chapter.
(11) The court that issued the non-final decision subject to recourse, after filing the recourse, shall send it, together with a certified copy of the file or through the Integrated File Management Program, to the hierarchically superior competent court. The recourse filed against the non-final decision shall suspend its execution, with the exceptions established by law.
(2) Other non-final decisions issued in the first instance may only be recoursed together with the decision on the merits.
(3) The documents challenging the court non-final decision that is recoursed together with the merits of the case shall be attached to the case file, and a protocol decision shall be made to record that it is not being followed until the merits have been examined.
Article 424. Judicial authority competent to examine recourse against non-final decisions
(1) Courts of Appeal shall examine recourse filed against non-final decisions issued by courts of first instance.
(2) The Supreme Court of Justice shall examine recourse filed against non-final decisions issued by Courts of Appeal.
(3) The non-final decisions of the Supreme Court of Justice are not subject to any challenge.
Article 425. Term for filing an recourse against the non-final decision
The term for filing a recourse against the non-final decision is 15 days from the notification of the decision.
Article 426. Filing and examining an recourse against the non-final decision
(2) The recourse application shall be filed with the court whose non-final decision is being recoursed.
(3) The recourse against the non-final decision shall be examined within 2 months by a panel of 3 judges, based on the certified or electronic copy of the file, on the basis of the recourse application and the reference to the recourse, without examining the admissibility and without the participation of the parties.
Article 4261. Return of the recourse application against the non-final decision
(1) The recourse court is entitled to return the recourse against the non-final decision if:
a) the recourse was filed outside the legal deadline, and the recoursant (or recourse applicant) does not request a retrial or the recourse court refused to retrial;
b) the recourse was filed by a person who is not entitled to file an recourse;
b1) the recourse does not comply with the provisions of art. 437 para. (1) and (2), except for the requirement to attach proof of payment of the state fee;
c) the recourse application is not signed or is signed improperly;
d) the recoursant requests the return of the recourse until its examination by the court;
e) the non-final decision cannot be examined as recourse, according to the law.
(2) The recourse against the court non-final decision is returned on the basis of at least one of the grounds provided for in paragraph (1), by a decision that is not subject to any recourse.
(21) By way of derogation from paragraph (2), if the recourse application lacks proof of payment of the stamp duty, the recource court shall issue a non-final decision, which shall not be subject to any recourse, not to grant the recourse application and shall grant the recoursant a reasonable term to remedy the deficiencies found. If the recoursant remedies the deficiencies within the granted term, the recourse shall be deemed to have been filed on the date of the initial submission. If the recoursant does not remedy the deficiencies in the recourse application within the granted term, the recourse court shall return it immediately after the expiry of the reasonable term established by the court for remedying the deficiencies.
Article 427. Powers of the court when examining the recourse against the non-final decision
The recourse court, after examining the recourse against the non-final decision, shall be entitled:
a) to dismiss the recourse and uphold the non-final decision;
b) to admit the recourse and to quash the non-final decision in whole or in part, returning for retrial the issue resolved by the quashed decision;
c) to admit the recourse and to quash the non-final decision in whole or in part, resolving the respective issue by decision.
Article 428. Legal force of the non-final decision of the recourse court issued on the recourse against the non-final decision
(1) The non-final decision of the court of recourse issued after examining the recourse against the non-final decision remains irrevocable from the moment of issuance. The non-final decision is published on the court's website on the date of issuance.
(2) A copy of the non-final decision is sent to the parties within 5 days from the date of issuance.
