Summary. Appeal procedure. Civil Procedure Code

Summary. Appeal procedure.

Title III. Ways of challenging judicial decisions.

Civil Procedure Code of the Republic of Moldova

Excerpt from the Civil Procedure Code - Appeal procedure.

The appeal procedure in civil proceedings in the Republic of Moldova, in accordance with the Code of Civil Procedure (CPC), involves challenging a non-final court decision at the Court of Appeal.

The appeal is filed before the court decision enters into force. The appeal term is 30 days from the date of the decision or, in the case of a Judicial conclusion (non-final decision), from the date of communication of the conclusion. The appeal term may be reinstated if the reason for its absence is considered significant.

The appeal may not contain new claims that were not raised by the party during the trial of the application in the court of first instance. It is also prohibited to refer to new evidence, except in the case where the plaintiff can provide sufficient arguments that it was impossible to present it for reasons beyond his will.

In the appeal, the case is examined on its merits, the evidence provided by the parties is examined and the correct application of legal provisions is verified.

Based on the results of the appeal review, the court of appeal may overturn the decision or conclusion (non-final decision) of the court of first instance, modify it, or leave it in force.

Details: Decision of the Plenum of the Supreme Court of Justice of the Republic of Moldova

Stages of the appeal procedure:

1. Filing the application

• Where: It is filed with the court whose decision is being appealed.
• Content: The application must contain the identification data, the court that issued the decision, the factual and legal reasons, the evidence invoked and the specific request of the appellant.
• Fees: If applicable, the state fee is paid according to the law.

2. Examination of admissibility

• The court of first instance checks whether the appeal meets all legal requirements. If there are irregularities, a deadline may be granted for their liquidation.
• If the appeal is filed late or by a person without the right, the court may refuse to receive or return the application.

3. Procedure in the appellate court

• The file is sent to the appellate court (e.g. Court of Appeal).
• The parties may submit new evidence only until the first day of appearance in the appeal.
• The failure of the legally summoned parties to appear does not prevent the case from being heard.

4. Solutions of the appellate court

After examination, the court may pronounce one of the following decisions:

• Reject the appeal and uphold the decision of the first instance.
• Admit the appeal and amend the contested decision in whole or in part
• Cancel the decision and issue a new decision or send the case for retrial.

5. Electronic signature

The appeal request shall be signed by the appellant or his representative. In the latter case, the document, legalized in the established manner, certifying the representative's powers of attorney shall be attached to the request if such a power of attorney is missing from the file.

Jurisprudence of the Supreme Court of Justice

• The Collegium for Civil, Commercial and Administrative Disputes of the Supreme Court of Justice: 2r-104/25

Decisions of the Courts of Appeal

• filing a motivated administrative litigation appeal: 3r-133/2020, 3r-139/2020
• term to remove the wrongdoings: 2r-368/21