implementing regulations of appellate proceduers

Article 1

The following terms and phrases shall – wherever they occur in these Regulations – have the meanings assigned thereto, unless the context requires otherwise: 
Law: The Law of Civil Procedure. 
Regulations: The Implementing Regulations of Appeal Procedures pursuant to the Law of Civil Procedure.  
Council: The Supreme Judicial Council. 
Court: The Court of Appeal. 
Appeal Request: A request for appeal by way of a hearing or a review. 
Appellant: An applicant for appeal by way of a hearing or a review. 
Appealed Judgement: A judgement submitted to the Court of Appeal in accordance with the provisions of the Law. 

Article 2

  • 1. A memorandum of objection shall be submitted to the court of first instance, including the following particulars: 

    • a- The appellant’s name, his ID number or the number of his commercial register – as the case may be –, his representative and his place of residence; 

    • b- The appellee’s name, his ID number or the number of his commercial register – as the case may be – and his place of residence; 

    • c- Details of the appealed judgement, the grounds for objection, and the appellant's requests; and 

    • d- Date on which the memorandum was filed. 

  • 2. If an appeal is to be conducted by way of a hearing, a copy of the appeal request shall be enclosed with as many copies as there are appellees. 

  • 3. If an appellant did not specify the type of appeal request, whether by way of a hearing or a review, said appeal shall be considered by way of a review. 

  • 4. In the event that a judgement is rendered against several persons, they may submit one memorandum of objection or multiple ones.  

  • 5. If an appellant requests in his memorandum of objection one of the two types of appeal – hearing or review – he may amend the request to the other type within the prescribed period for the objection. 

  • 6. Subject to the provisions of Paragraph (1) of this Article, if an appellant submits more than one memorandum of objection within the objection period, only the latest memorandum shall be considered. 

  • 7. The adverse party referred to in Paragraph (3) of Article 185 of the Law shall mean every person who has the right to objection in accordance with Article 177 of the Law. 

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Article 3

  • 1. The circuit rendering the judgement may review the memorandum of objection upon being provided with a copy thereof after the expiry of the objection period. If the circuit decides to reconsider the judgement, it shall request the case file from the competent department within five days from the date of expiry of the objection period. If said period lapses without requesting same, the competent department shall submit the case file to the court on the following day. 

  • 2. In case the mandate of a circuit judge (or all or some of its judges) lapses, the case file shall be submitted to the Court of Appeal upon the expiration of the appeal period. 

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Article 4

The absent person against whom a judgement is rendered, as stated in Paragraph (4) of Article 185 of the Law shall refer to a person against whom a judgement is rendered in Judgement in absentia to Article 56 and Paragraphs (1) and (3) of Article 57 of the Law.  

Article 5

  • 1. The appeal request shall restore the case to the same status that it has had prior to the judgement under appeal, only in relation to portions of the judgement against which the said appeal is filed. The court shall consider the appeal on the basis of submissions to the court of first instance, as well as new motions or evidence submitted to the court to support the reasons for objection. 

  • 2. An appellee may – prior to the end of the first hearing – file a subsidiary appeal that shall be associated with the original appeal and which shall lapse therewith, by way of a memorandum containing the particulars contained in Paragraph (1) of Article 2 of these Regulations. 

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Article 6

  • 1. If the court decides to reject a new appeal request, the person whose appeal is denied may submit same to the competent court of first instance in accordance with the case filing procedures. 

  • 2. If the court decides to reject an appeal related to subject-matter neglected by the court of first instance, the person whose appeal is denied may submit same to the court of first instance, in accordance with the provisions of Article 175 of the Law.  

Article 7

Additional damages incurred after submitting the final requests before a court of first instance may be added to the original petition before the court. 

Article 8

A person who was not a party to the lawsuit in which the appealed judgement was rendered may not be joined or permitted to intervene in the appeal except by the court for purposes of serving the interest of justice or truth-finding.

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Article 9

  • 1. The case shall be entered by the court upon its delivery, and shall be referred to the competent circuit in accordance with the rules of internal distribution. 

  • 2. If the appeal is requested by way of a hearing, the court shall, upon entering the case, fix a date for the first hearing, provided that such date does not exceed 20 days from the date of entry. As an exception to this rule, in judgements issued in summary cases, the first hearing shall be scheduled within 10 days. The appellee shall be notified of the hearing date, together with a copy of the memorandum of objection, and he shall file a memorandum of response to the objection three days prior to the hearing date. 

Article 10

An appellant seeking to conduct his appeal by way of a hearing shall follow up with the Court of Appeal upon the entry of the case to be acquainted with the date for hearing the case. 

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