Did you fail in your civil suit? Or were you sued and you disagree with the court’s decision? Take the opportunity to appeal. This is a proper remedy that either party to a civil case can use to try to overturn a court decision.
Did you fail in your civil suit? Or were you sued and you disagree with the court’s decision? Take the opportunity to appeal. This is a proper remedy that either party to a civil case can use to try to overturn a court decision.
An appeal is a general remedy available in a large number of administrative and judicial proceedings. In our article, we focus 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, child support). As a rule, there is a plaintiff and a defendant who settle their lawsuit between themselves.
The appeal process can be successful if your appeal is legally well argued and, in the vernacular, bulletproof. So don’t leave anything to chance and use the services of a solicitor. We will conduct a careful analysis of your case and take care of the preparation of your appeal and representation in court, where we will vigorously enforce your rights.
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 appealed. 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.
Ordinary remedies are available provided that the decision has not yet become final. Specifically, we are talking about:
If the court’s decision has already become final, extraordinary remedies may be used under certain conditions.
Tip: If you are also interested in the possibility of appealing in the administrative procedure, read our article.
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, 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. If, for example, 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 available if the appeal is against a judgment declaring the marriage dissolved or void.
Tip: The system of courts in the Czech Republic may seem relatively clear and straightforward, but we still encounter a number of questions about it. Do you want to find a district court in Prague? Wondering which court is civil and which is criminal? Do you know how the Supreme Court and the Constitutional Court differ? Find out in our article on: Which court to turn to.
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 thoughtful and precise legal argument to have any 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.
Tip: the appeal should be made to the court that made the decision, not the one 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 law only allows certain grounds on which you can appeal against a court decision. These are:
If your case requires a more in-depth legal analysis and you do not have the grounds for appeal precisely analysed within the 15-day period, this situation is used to file what is known as a blanket or blanket appeal, i.e. an appeal without grounds for appeal, which you complete immediately afterwards. In doing so, you primarily indicate your wish to appeal and to amend the judgment.
The lodging of an appeal by a person entitled to appeal and within the time limit set for the appeal shall have the effect of suspending the legal force and enforceability of the contested decision. There are, however, judgments which are directly enforceable by operation of law, for example on maintenance, and therefore the filing of an appeal does not affect their enforceability. Until the appeal has been decided, it may be withdrawn.
The Court of Appeal will decide in one of the following ways:
Tip: be prepared to pay another court fee for the appeal, even though you have already paid the court fee for the action. The amount is governed by the Court Fees Act.
Dostupný advokát team of online lawyers will solve it for you.
Has the court ruled against you and do you want to fight it? We will assess your chances of success and take care of preparing an appeal, appeal or constitutional complaint depending on the proceedings and their stage.
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