-
There must be a judgment of first instance.
If there is no first-instance judgment, there is no question of dissatisfaction with the first-instance judgment. Only after receiving the first-instance judgment can a party appeal if it believes that there is a problem with the first-instance judgment and is not satisfied with the first-instance judgment.
Article 148 of the Civil Procedure Law: People's courts are to publicly announce judgments in all cases that are tried in public or not in public.
Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.
When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made.
When a divorce judgment is pronounced, the parties must be informed that they must not marry separately until the judgment takes legal effect.
Article 164 of the Civil Procedure Law: Where a party is dissatisfied with a first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.
Article 320 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China: Where a party orally expresses an appeal when the judgment is pronounced in the first instance or when the judgment or ruling is served, the people's court shall inform them that they must submit an appeal petition within the statutory appeal period. If the appeal petition is not submitted within the statutory appeal period, it shall be deemed that no appeal has been filed. If the appeal petition is submitted but the appeal fee is not paid within the specified time limit, the appeal shall be automatically withdrawn.
-
Yes and you will also receive a copy of the appeal petition from the other party (if the court agrees to appeal).
-
Legal Analysis: How to appeal against the first-instance judgment.
It is necessary to write an appeal brief, submit it to the trial judge, pay the appeal fee to the intermediate court with the appeal instructions, and then notify the court of first instance to transfer the case.
Defendants, private prosecutors, and legally-designated persons who are dissatisfied with the judgment or ruling of the local people's court of first instance have the right to appeal to the people's court at the level above in writing or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent. Parties to attached civil litigation and their legally-designated persons may appeal the attached civil litigation portion of the first-instance judgment or ruling of the local people's court at all levels.
An appeal against a defendant may not be deprived on any pretext.
Legal basis: Article 164 of the Civil Procedure Law of the People's Republic of China: Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.
Article 165 of the Civil Procedure Law of the People's Republic of China: An appeal petition shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.
-
As a party to the case, if you are not satisfied with the decision of the court of first instance, you can appeal to the higher court.
1. Conditions for appeal.
Clause. 1. You must be eligible. This means that you must be a party to the case in order to file an appeal.
Secondly, only the judgement or decision of the court of first instance can be appealed, and the decision of the court cannot be appealed. There are only three types of decisions that can be appealed: inadmissibility, dismissal of the indictment, and jurisdictional objections.
Thirdly, the appeal must be filed within the period prescribed by law.
2. Time limit for appeal.
After the court of first instance made its decision, it did not take effect immediately. It will only take effect if neither party has appealed and the appeal period has expired. Therefore, if you want to appeal, you must file it within the time limit for appeal, and civil and administrative judgments are within 15 days after the judgment is served; Civil and administrative rulings are made within 10 days after the award is served; The criminal judgment is within 10 days of the service of the judgment; The criminal decision is made within five days of the service of the ruling.
The time limit is calculated from the second day after the service of the instrument. The dates on which the parties receive the judgment or ruling may not be the same, and the time limit for appeal shall run from the day following the receipt of the judgment or award by the respective parties. If the last day of the expiration of the period happens to be a statutory holiday, the first working day after the statutory holiday shall be the expiration date of the period.
3. Appeal brief.
To file an appeal, you must file an appeal brief. The appeal petition can be written by a lawyer or someone else**, or by yourself. The main contents include: the appellant, the basic information of the appellee; Requests for Appeal; grounds of appeal, etc.
4. Court of Appeal.
Your appeal should be filed with the court higher than the court of first instance. For example, the court that made the first-instance judgment is the Xinji Municipal People's Court, and the appellate court is the Shijiazhuang Intermediate People's Court. In order to facilitate your appeal, your appeal brief can be sent to the court of first instance or directly to the court next higher to the court of first instance.
5. Appeal Fee.
Appeals are also subject to the payment of the Appeal Case Filing Fee and other litigation costs. When filing the appeal brief, you should pay the costs of the proceedings as determined in the judgment of first instance. Where litigation fees are not paid, it is to be handled as a withdrawal of appeal.
6. The second-instance court shall handle appeal cases in accordance with the following circumstances after trial:
1. Where the facts ascertained in the original judgment are clear and the law is correctly applied, the judgment rejects the appeal and upholds the original judgment;
2. Where the original judgment erroneously applied the law, the judgment is changed in accordance with law;
3. Where the facts found in the original judgment were erroneous, or the facts found in the original judgment were unclear and the evidence was insufficient, a ruling was made to revoke the original judgment and remand to the original trial court for retrial, or to change the judgment after clarifying the facts;
4. Where the original judgment violates legally-prescribed procedures and might affect the correct judgment of the case, a ruling is made to revoke the original judgment and remand to the original court for retrial.
If you are dissatisfied with the first-instance judgment of the court under the county, you will be appealed during the appeal period, and if you are not satisfied with the first-instance judgment of the county court, you will be appealed after the appeal period. >>>More
To be paid, the details are as follows:
Measures for Payment of Litigation Costs >>>More
An application for property preservation may be made, and the plaintiff may apply for property preservation at any stage after filing a lawsuit. After applying to the court for property preservation, the other party should provide the corresponding content to be preserved, such as the bank card preservation, and the bank account information of the other party. >>>More
If the parties and their statutory ** persons are dissatisfied with the first-instance judgment or ruling of the court, and appeal to the court at the next higher level, the law must be complied with, and the case has reached the enforcement period indicates that it has taken effect, and the condition for taking effect is that there is no appeal within the appeal period, so it cannot be appealed.
There is a possibility of a retrial, that is, both the first instance and the second instance have been found to be wrong.