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The Extraordinary Files: Day of Judgement
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An extraordinary appeal against a decision concluding the appellate procedure Section RCP. An extraordinary appeal is admissible against each decision of the court of appeal either in the form of a judgment or a resolution in which the court of appeal decided on appeal of the party to the proceedings against the decision again a judgment of a resolution of the court of the first instance. Such a decision of an appeal court may be: In all of the before mentioned cases the extraordinary appeal is admissible only if the challenged decision of the court of appeal is dependent on the resolution of the question of law substantial — i.
Section RCP regulates situations when an extraordinary appeal is not admissible although the above mentioned conditions were fulfilled. An extraordinary appeal is therefore inadmissible in: An extraordinary appeal against the decisions of the court of appeal issued during the appellate procedure Section a RCP.
An extraordinary appeal is admissible also against the decision of the court of appeal in which the court did not decide on an appeal against a judgement or a resolution of a court of first instance. The exact character of these decisions of the court of appeal is given in the Section a: In all of the above-mentioned decisions an extraordinary appeal is admissible without any further conditions.
However, if one of these decisions had been issued by the court of first instance and later decided on by the court of appeal, an extraordinary appeal is admissible only under the conditions of the Section e. On what grounds may an extraordinary appeal be lodged? This concerns cases when the court of appeal applies incorrect legislation to the case or when the court of appeal applies correct legislation, but interprets it incorrectly or applies it incorrectly to the case. These are purely legal issues, and therefore it is necessary for the appellant to have a person with a Law degree generally an advocate to communicate with the Supreme Court on behalf of the appellant.
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The grounds of an extraordinary appeal must be explicitly concretized in a petition signed by an advocate or notary. Amendment of grounds is possible only during the appeal time limit. Extraordinary appeal proceedings Certain acts relating to commenced extraordinary appeal proceedings may be carried out by the court of first instance with which the extraordinary appeal has been filed. The procedure is analogous to regular appeal proceedings [see Section b 1 of the RCP].
After the court of first instance has checked whether the extraordinary appeal meets the fundamental conditions, it will send the extraordinary appeal, along with the respective files, to the Supreme Court. The Supreme Court will then check again whether all the requirements have been met and also whether the extraordinary appeal is admissible. If the extraordinary appeal is not admissible, the Supreme Court will reject it see above. If the extraordinary appeal is admissible , the Supreme Court will not issue a special decision on the admissibility and will automatically proceed to examine the contested decision of the court of appeal on the merits.
Before the Supreme Court proceeds to review the contested decision of the court of appeal, it may suspend the enforceability of the decision Section of the RCP. The suspension of enforceability means a significant intervention in the legal certainty of the parties to the proceedings, and therefore is performed only in particularly justified situations.
The suspension of enforceability is to prevent immediate enforcement of the decision and thereby also a detriment to the rights of the appellant. In order for the Supreme Court to be able to suspend the enforceability, the decision of the court of appeal must be a decision allowing such enforceability i.
The Supreme Court might also suspend the legal force of the contested decision of the court of appeal when the rights of the appellant are in serious jeopardy and the suspension does not touch the rights and legal relations of a third person.
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The contested decision will be reviewed by the Supreme Court only to the extent to which the decision was challenged by the appellant. In other words, the Supreme Court is allowed, in the review, to examine only what the party to the proceedings challenges in the extraordinary appeal. Exceptions from this rule are defined in Section 2 of the RCP. In an overwhelming number of cases, the Supreme Court decides extraordinary appeals in civil proceedings without a hearing. Decision of the Supreme Court The Supreme Court decides extraordinary appeals in panels comprising three judges, of which one is the presiding judge of the panel.
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