Frequently Asked Questions About Appealing the New CPC

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With few articles in the Code of Civil Procedure that regulate its operation within a process, the appeal does not present many application problems, but its use is inevitable and recurring. The appeal, as it is one of the resources commonly seen in legal disputes, since one of the parties generally does not agree with the sentence, needs to be understood exhaustively by the legal operator, mainly by the lawyer. The attentive lawyer will file the appeal taking into account the limitations of the demand, pointing out to the higher court only those questions of fact and law that, in the view of the legal operator representing one of the parties, were not properly assessed by the court.

Receive my legal articles by email Fill in your details below and receive a summary of my legal articles once a month in your email Use the stars to rate Average  More than 1,200 articles published Albania Phone Number on the Legal Results blog. Specialist in Legal Marketing. Speaker, teacher and passionate about an increasingly intelligent and efficient legal world. Follow tiagofachini on , Instagram, and Twitter. leave a comment Comment * Name * Your Name* Email * Your Email * Your site Your site Save my details in this browser for the next time I comment. In this way, the appeal is directed to the sentence handed down by the judge of first instance, but is evaluated by the court of the next instance, the judgment ad Quem , as pointed out in paragraph 3 of article 1,010 : “§ 3º After the formalities provided for in §§ 1º and 2º, the files will be sent to the court by the judge, regardless of the admissibility judgment”.



Appeal model according to the New CPC It is not necessary to tell any lawyer the importance of an appeal within civil procedural law, after all, court rulings are not always favorable to the party represented by the legal professional, or, sometimes, certain requests presented in the initial petition are not covered. . Therefore, it is very important that the lawyer not only knows when to file the appeal, but also has a reliable model for professional use. Having models of different types of documents and petitions used by legal professionals is extremely important, as it reduces the chance of filling out errors, as well as speeding up daily work, making it less repetitive. Therefore, the use of legal software that not only organizes and allows the storage of different document models, but also automatically fills them in, can be interesting to make time within the office more efficient and results-oriented.