Appealing, or when you disagree with a court decision

Quick overview

• An appeal is an ordinary appeal against a decision of the first instance court.

• It is usually filed within 15 days of the service of the decision.

• The appeal is lodged with the court that issued the decision, not directly with the Court of Appeal.

• It must contain a description of the decision, the scope of the challenge, the grounds of appeal and a proposal as to how the Court of Appeal should rule.

• The Court of Appeal may uphold, reverse or set aside the decision and refer the case back for a new hearing.

Need help writing an appeal? Our attorneys will prepare a legally persuasive argument and represent you on appeal.

An appeal is a general remedy that is available in a large number of administrative and judicial proceedings. Our article focuses exclusively on appeals in civil (or civil) proceedings.

Such proceedings can easily affect any of us. In it, courts decide, for example, issues of property settlement, inheritance or commercial and contractual relations, and typically also disputes concerning the family(divorce, alimony). As a rule, there is a plaintiff and a defendant who settle their lawsuit against each other.

In practice, appeals are encountered very frequently. Many people feel that it is enough to write that they disagree with the decision. However, the Court of Appeal primarily considers specific legal arguments and procedural errors. If an appeal does not have these elements, its review can be very limited.

Which decisions can be challenged?

Every court decision should tell you whether or not you can challenge it. The information should include the time limit for appealing (or any other appeal) and the body to which the appeal should be lodged. However, most civil court decisions can be challenged.

However, there are also some where the law does not expressly allow an appeal. Typically, it is not allowed in so-called small claims cases, in which a decision has been made on a monetary claim not exceeding CZK 10,000, regardless of the amount of the attachments to that claim. However, the law also provides for exceptions – typically, for example, in labour disputes.

Ordinary remedies may be used provided that the decision has not yet become final. Specifically, we are talking about:

• appeal against a judgment
• an appeal against a payment order
• an objection to a bill of exchange or cheque payment order.

If the court’s decision has already become final, extraordinary remedies may be used under certain conditions.

Time limits for lodging an appeal

By law , you have 15 days to file an appeal. As we have already mentioned, you must be informed by the court of the time limit and other requirements for filing appeals.

If, in an exceptional case, this has not been done or you have been incorrectly advised, you can appeal within three months of the service of the decision in question.

When calculating the time limit for lodging an appeal, you should bear in mind that it does not include the date on which the decision was served on the party.

The law allows for exceptional situations in which the court may waive the delay. For example, if you have suffered a sudden accident or serious illness after the judgment has been delivered, you can apply for a waiver of the time limit within 15 days after the obstacle for which you were unable to appeal has ceased to exist. However, such an exception is not allowed if the appeal is against a judgment declaring the marriage dissolved or void.

In practice, it is often the case that a party does not start to deal with the appeal until several days before the end of the time-limit. If the case is more complex, it can be very difficult to prepare a good argument in such a short time. We therefore recommend that you start preparing your appeal as soon as possible after you receive the decision.

How to write an appeal against a court decision?

If you are going to write an appeal to the court, you must respect certain formal and substantive requirements. A model appeal form downloaded from the internet can provide some guidance. As such templates only offer a very general framework of what an appeal should contain, we do not recommend using them. The appeal should include a well thought out and precise legal argument in order to have a chance of success.

In your appeal you should identify yourself as the appellant, the court to which you are appealing and, of course, the precise decision you are appealing against, including the file number and the court that made the decision. Include the date and signature.

Experience has shown that the most common ground of appeal is that the court of first instance erred in its assessment of the evidence. However, the Court of Appeal does not usually reassess the whole case – it focuses mainly on specific procedural or legal errors in the decision.

The appeal is to the court that issued the decision, not the court that will decide on it. That court will then forward your appeal with its record and brief to the Court of Appeals.

A key part of the appeal is:

• the extent to which you are challenging the decision – a decision usually has more than one statement. You may agree with some parts of it (for example, that you should pay a sum of money to a certain person) but not others (for example, the amount set). In theory, you can also appeal against costs (even in minor disputes or in the case of a settlement where an appeal is otherwise inadmissible).
• grounds of error in the decision (for example, some of the evidence you sought was not taken into account or taken).
• what you are claiming (for example, a correction of the judgment so that you should pay a lower amount).

Appeal against a decision – model

For example, an appeal against a court decision might look like this:
[Your name]

[Your address]

[Your contact details]

[Name of the court you are appealing to]

[Address of the court]

Case: Appeal against the judgment of [name of the court which gave the decision] in Case No [file number]

Dear Judge,

i hereby appeal against the judgment of the [name of the court], reference [file mark], delivered on [date of the court’s decision], which was served on me on [date of service of the court’s decision]. I appeal to the extent of [state which sentences you are appealing against].

In reaching its decision, the Court of First Instance did not take into account the evidence I submitted during the proceedings, namely [specify the specific evidence and attach as an annex]. This led to an error of fact which had a direct impact on the verdict.

In the light of the above, I ask the Court of Appeal to set aside the judgment of the Court of First Instance and to refer the case back to the Court of First Instance for a fresh hearing.

Thank you for your consideration of this appeal.

In [city] on [date].

[Your signature]

If you are unsure of the legal reasoning or formalities, we recommend that you have your appeal reviewed by an attorney. A properly worded appeal often determines whether the appellate court will even consider the case in detail.

In practice, we often see appeals dismissed simply because they contain general statements such as “I disagree with the decision”. However, the Court of Appeal primarily reviews specific objections – for example, the incorrect assessment of evidence or procedural errors by the trial court.

The model appeal is just an example of what an appeal might look like in a particular situation. It always pays to have the help of an attorney who can properly argue your case for you.

Statutory grounds for appeal

The Code of Civil Procedure allows only certain grounds for appealing a court decision. These are:

• failure to comply with the conditions of the proceedings, the decision of the court of first instance was made by an incompetent court of first instance, the decision of the court of first instance was made by a disqualified judge (presiding judge) or the court of first instance was improperly constituted, unless a panel of judges ruled instead of a single judge,
• failure to take into account the facts alleged by the appellant or the evidence adduced by him,
• any other defect in the proceedings which may have resulted in an incorrect decision in the case,
• an incomplete finding of the facts of the case or an incorrect finding of fact,
• the facts as ascertained so far do not stand, because there are additional facts or other evidence which have not yet been adduced,
• an error of law.

Blanket appeal

If you do not manage to formulate all the grounds of appeal within the 15-day time limit, you can lodge a ‘blanket appeal’. This is to make it clear that you are appealing against the decision and then to supplement the appeal with specific grounds. If the appeal does not contain these elements, the court will usually ask you to complete it.

Effects of the appeal

The lodging of an appeal by a person entitled to appeal and within the time limit set for the appeal will suspend the legal force and enforceability of the contested decision. However, there are judgments which are directly enforceable by operation of law, e.g. on maintenance, and therefore the filing of an appeal does not affect their enforceability. Until the appeal has been decided, it may be withdrawn.

How can the Court of Appeal decide?

The Court of Appeal will decide in one of the following ways:

• Dismiss the late-filed appeal.
• Dismiss an appeal against a decision that is not appealable.
• Dismiss the appeal of a person who is not entitled to appeal.
• Uphold the decision of the court of first instance.
• Amend the decision of the court of first instance.
• Annul the decision and refer the case back to the court of first instance for a fresh hearing (if the Court of Appeal cannot itself provide further evidence).

Be prepared to pay an additional court fee for the appeal, even though you have already paid the court fee for the lawsuit. The amount is governed by the Court Fees Act.

Summary

An appeal is a remedy in civil proceedings by which a decision of a court of first instance may be challenged where the law allows it. The possibility of appeal is indicated in the instructions of the court decision, but for example in small claims up to CZK 10,000, no appeal is admissible.

The time limit for lodging an appeal is 15 days from the date of service of the decision. In exceptional cases, such as serious illness, it is possible to apply for a waiver of the time limit. The appeal must be lodged with the court which issued the decision and must contain an identification of the contested decision, the grounds for the error and a proposal for amendment or annulment. If the reasons cannot be given immediately, a blank appeal may be filed and supplemented later.

Grounds of appeal include procedural errors, failure to take evidence, errors of fact or errors of law. Filing an appeal postpones the entry into force of the decision, except for judgments which are provisionally enforceable, for example on maintenance. The Court of Appeal may reject, uphold, modify or set aside the appeal and refer the decision back for a new hearing. The filing of an appeal is subject to a fee in accordance with the Court Fees Act. It is advisable to take legal advice to increase your chances of success.