Summary. Recourse procedure against court non-final decisions
Chapter XXXVIII. Recourse proceedings.
Title III. Ways of challenging judicial decisions.
I) Preliminary information
1) Decisions of the courts of first instance,
- those that have not entered into legal force may be appealed within the framework of Appeal procedure and,
- those that have entered into force are submitted in recourse (cassation) to the Supreme Court of Justice (CSJ).
2) Judicial conclusion (non-final judicial decision)
According to Article 269, the dispositions of the first instance or of the judge by which the case is not resolved on the merits are issued in the form of a Judicial conclusion (non-final decision).
This page provides a general overview of filing a recourse application against Judicial CONCLUSION (non-final judicial decision).
II) The recourse procedure includes the following steps and requirements:
1. Grounds for Appeal (Article 423)
(1) The Judicial conclusion (non-final decision or interlocutory decision or interim decision) given in the first instance may be recoursed, separately from the judgment, by the parties and other participants in the process in the cases provided for by this Code and other laws, as well as in cases where the decision makes it impossible to continue the process.
2. Judicial authority (Courts) competent to examine appeals against interim decisions (Article 424)
(1) Courts of Appeal shall examine recourses filed against Conclusions (non-final decisions) issued by courts of first instance.
(2) The Supreme Court of Justice shall examine recourses filed against Conclusions (non-final decisions) issued by Courts of Appeal.
(3) The Conclusion (non-final decision) of the Supreme Court of Justice is not subject to any recourse or appeal.
3. Term for filing an application against the judicial Conclusion (non-final decision) (Article 425)
The term for filing an application against the Conclusion (non-final decision) is 15 days from the notification of the conclusion
4. Mandatory Elements of a recourse application
A recourse (cassation) application must strictly comply with the requirements of the Civil Procedure Code and contain:
- A copy of the judicial conclusion (non-final decion) you wish to challenge
- The name of the judicial instance to which it is addressed.
- Your information (full name/title, address).
- The details of the contested judicial conclusion (non-final decision) and an indication of the specific error of the court.
- Clearly stated demands (to overturn, amend, or remand the decision for review).
- Confirmation of payment of the State fee and Stamp duty (receipt).
- Documents confirming that copies of the recourse have been sent to other parties to the proceedings.
If you need professional legal assistance or the services of an attorney, please specify:
- The name of instance (court) issued the judical conclusion (first instance or appellate), and
- What specific issue did the court's Conclusion address (e.g., return of the claim, denial of interim measures)?
