What is the appeal.
In law, the appeal is a process through which parties may request from a higher court to change decision of the court of first instance.
Which decisions can be appealed.
Moldovan Code of Civil Procedure explicitly determine which decisions could be appealed, but generally speaking, may be appealed decisions of the courts of first instance.
The deadline to file an appeal.
Appeal may be filed within 20 days from the date of communication of a reasoned court decision, unless otherwise provided by law. In practice, this means that the period specified above, run from the day when you have received reasoned court decision, whether by mail or personally at the court’s chancery.
Who have the right of appeal.
Have the right to appeal:
a) parties and other participants in the process;
b) the representative in the interest of the appellant, if is authorized as provided by law.
The grounds on which an appeal can be filed.
When filing an appeal, you must remember one important thing, namely that, a legal in essence, decision of the court of first instance, cannot be canceled for formally grounds only.
Therefore, as grounds of the appeal may serve the following:
a) the circumstances important for solving case has not been fully defined and clarified by court of first instance;
b) the circumstances relevant to solve the case, which were considered by the court of first instance as being established, were not proved with reliable and sufficient evidence;
c) the conclusions of the court of first instance, stated in decision, are in contradiction with circumstances of the case;
d) the court of first instance have been violated or improperly applied the substantive or procedural law.
Substantive law is considered violated or improperly applied, if the court:
a) has not applied the law which has to be applied;
b) applied a law, not subject to application;
c) misinterpreted the law;
d) erroneously applied the analogy in law.
It is considered that procedural law has been violated or incorrectly applied if:
a) the case was tried by a panel of judges composed illegally;
b) the case was examined by the court in the absence of someone from the participants who was not notified of the place, date and time of the hearing;
c) in the process of examination of the case have been violated regulations regarding the language of process;
d) the Court settled the question of the rights of persons not involved in the process;
e) at the moment of issuance of decision had been violated the rules on secrecy of judicial deliberations;
f) the decision is not signed by the judge, or is not signed by the judge who is named in the decision;
g) in dossier is missing record of the hearing;
g) in dossier is missing record regarding performance of some procedural act.
i) the case was examined with violation of general or jurisdictional competence of the court.
Admission of other violations than those mentioned above can serve as grounds for cancellation of the decision only if they have led or could have lead to erroneous examination of the case.
The above is intended to provide a brief guide only. It is essential that professional advice of lawyer in field of litigation is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.