Appeals in Civil Proceedings

10 minutes of reading

Shrnutí: Were you unsuccessful in civil proceedings? All may not be lost yet. Under the conditions set forth by law, you may file an appeal against a court decision. Ordinary and extraordinary appeals differ primarily depending on whether you are challenging a decision that has already become final. We’ll explain what appeals you can file in civil court proceedings in 2026 and what deadlines you need to keep in mind.

Sections of the Article

Quick Overview

Appeals in civil proceedings allow a party to challenge a court decision with which they disagree. Broadly speaking, a distinction is made between ordinary and extraordinary appeals. Ordinary appeals are used primarily against decisions that are not yet final, while extraordinary appeals may, under conditions specified by law, be directed against decisions that are already final. For each type of appeal, it is essential to ensure its admissibility and to observe the filing deadline.

Appeal Against which decision Basic time limit
Appeal Generally against a non-final decision of the court of first instance 15 days
Objection to a payment order against a payment order 15 days
Objections to a bill of exchange or check payment order against a bill of exchange or check payment order 15 days
Petition for Reopening of Proceedings against certain final decisions based on new facts or evidence generally 3 months from the discovery of the grounds
Action for nullity against certain final decisions due to serious procedural defects Generally within 3 months
Appeal against admissible final decisions of the appellate court 2 months

What Are Civil Proceedings?

Civil litigation, also known as civil proceedings, resolves disputes between individuals or legal entities concerning their civil rights and obligations. Thus, it resolves so-called private law disputes. These may include, for example, contractual relationships, property disputes, inheritance proceedings, claims for damages, divorce proceedings, or debt collection.

The basic procedural rules governing civil litigation and appeals are set forth in the Civil Procedure Code. Among other things, it specifies against which decisions an appeal may be filed, on what grounds, and within what time limit.

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What factors influence the presentation of evidence in civil proceedings? You’ll find out in our article.

Civil proceedings therefore take place when one party files a lawsuit against the other with the aim of resolving disputes and reaching a fair decision. In this type of proceeding, the courts make their decisions based on legal norms and the evidence presented by the parties.

Example: Two neighbors get into a dispute over a tree growing on the boundary between their properties. One neighbor believes the tree is damaging his fence and asks the other to remove it. The other neighbor, however, believes that the tree belongs on his property and that he is under no obligation to cut it down.

Since they cannot agree, one of them may file a lawsuit in court. The court will then hear their arguments and examine evidence such as photographs, witness testimony, and laws regarding property ownership. Based on this, the court will decide whether the tree is on the shared property line and how to proceed, such as whether the tree must actually be cut down or not.

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At the end of a civil trial , there are two basic types of court decisions:

  • Judgment: This represents the court’s final decision on the matter and determines how the dispute between the parties will be resolved. It may, for example, rule on liability and damages, ownership of property, obligations arising from a contract, or other legal issues.
  • Order: A court order is used in situations where the law does not provide for any other form of decision and in the case of interim measures during the proceedings. These may include, for example, an order on the merits of the case, an order to dismiss the case, an order to adjourn the hearing, or orders concerning other procedural matters.

You can challenge these decisions by filing ordinary or extraordinary appeals. Let’s take a closer look at them.

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How does a court proceeding work? You’ll find out in the next article.

Ordinary Appeals

An ordinary appeal is a legal remedy you can use to challenge a court’s decision. It is filed against a decision that has not yet become final within the time limit set by law. The purpose of this remedy is to review the correctness and legality of the original decision, and the appellate body may affirm, modify, or reverse the original decision.

We know from experience that the biggest problem is often not the party’s belief that the court ruled incorrectly, but rather choosing the correct legal remedy and meeting its deadline. If the wrong remedy is used or the deadline passes without action, the options for further defense may be significantly limited.

The most common ordinary remedies and similar means of defense against non-final decisions in civil proceedings include, in particular:

Appeal

An appeal is the most common remedy in civil proceedings. By law, you have 15 days from the date the court’s decision was served on you to file an appeal (the date of service is not included in this period). You file the appeal with the court that issued the decision, i.e., the court of first instance. This court then forwards the appeal to the appellate court (the court of second instance).

You may file an appeal if there is a statutory ground for doing so. These include failure to comply with procedural requirements, failure to consider evidence or facts presented by the appellant, incomplete or incorrect findings of fact, incorrect legal assessment of the case, and other defects. An exception applies to so-called “petty cases ” involving monetary claims of up to 10,000 korunas.

Tip for article

We have provided a detailed overview of the appeals process in civil proceedings in our article. In it, you will learn what an appeal should include, what its effects are, and how the court may rule.

Objection to a Payment Order

A payment order is a decision issued by a court in expedited proceedings. It is typically issued in cases of clear and undisputed claims, such as an unpaid invoice. If you disagree with the payment order, you may file an objection within 15 days of its delivery.

The objection must be in writing and must include basic information such as the names of the parties and the order against which it is directed. Simply file it with the appropriate court. Filing an objection automatically sets aside the payment order, and the proceedings continue as regular court proceedings. Failure to file an objection means that the payment order becomes final and enforceable.

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You can learn more about how to file an objection to a payment order in our next article.

Objection to a Payment Order Based on a Bill of Exchange or Check

A payment order based on a promissory note or check is a special type of court order that enables the rapid enforcement of claims arising from promissory notes and checks. A promissory note or check constitutes sufficient proof of debt in and of itself, so the court may issue an order without the need for further evidence.

You may file an objection to these types of payment orders within 15 days of service. However, an objection may only be filed on specific grounds. These include, for example, the fact that the check or promissory note does not meet all legal requirements or that you have already paid the debt.

Objecting to an Eviction Order

As of 2026, the Civil Procedure Code also governs eviction orders. The court may issue such an order, provided the statutory conditions are met, for example, if a former tenant continues to occupy an apartment or house even after the lease has ended. The defendant may file an objection to the order within 15 days of its service.

Tip for article

You can learn more about the different types of payment orders and how to defend against them in our article.

Extraordinary Appeals

Extraordinary remedies allow for the challenge of final court decisions. Unlike ordinary remedies, they can be used to challenge court decisions that have already become final and, under normal circumstances, cannot be further reviewed.

These remedies may be invoked only in exceptional cases and under certain conditions, typically to correct serious legal errors or injustices, or when new facts or evidence come to light. In civil proceedings, the following extraordinary remedies may be used:

Petition for Retrial

You may file a motion to reopen proceedings if, after a decision has become final, new facts or evidence come to light that could not have been used previously and that have a significant impact on the outcome. The petition may be filed against judgments, rulings, or payment orders, but it cannot be used, for example, in the case of divorce decrees or decisions of the court of cassation.

It must be filed within three months of the discovery of the new facts and no later than three years after the original decision became final. The court first rules on the admissibility of the petition, and if it is granted, the court will reconsider the case in light of the new evidence.

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Motion to Set Aside

An action for annulment allows for the annulment or modification of a court decision if procedural defects occurred during the proceedings. These defects include, for example, a decision by a judge who was recused from the case, or if the court ruled on a matter that should have been handled by another authority. Conversely, it cannot be used to correct substantive errors, i.e., the incorrect application of legal provisions.

The motion is admissible against final judgments of appellate courts, decisions of trial courts, or payment orders. However, it is not admissible, for example, against divorce judgments or partial decisions on litigation costs. This action may also be filed within three months of service of the contested decision, with a maximum time limit of three years from the date the decision became final.

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Read more about lawsuits as extraordinary remedies in our next article.

Appeals

You may file a petition for review against final decisions of appellate courts (regional or high courts). The only ground for a petition for review is an incorrect legal assessment of the case. A petition for review must be filed within two months of the decision’s service and must be directed exclusively at legal issues, not new evidence. The Supreme Court may reject the petition, dismiss it, overturn the appellate court’s decision, or modify it.

For example, a petition for review cannot be filed in family matters (divorces, child support) or in cases involving disputes over amounts up to 50,000 CZK.

In practice, we also encounter the misconception that a petition for review automatically constitutes “another appeal.” However, this is not the case. The Supreme Court does not re-examine the entire dispute from the beginning, and a petition for review must meet relatively strict admissibility requirements.

Tip for article

We have discussed in detail when and how to file an appeal in civil proceedings in another article.

Not sure whether an appeal, a petition for review, or another legal remedy is appropriate in your case? Court decisions are often determined not only by the arguments presented but also by admissibility and tight procedural deadlines. Send us the court decision, and our attorneys will assess what further options you have for defense.

Summary

Remedies in civil proceedings allow you to challenge a court decision under conditions established by law. Ordinary and extraordinary remedies differ primarily depending on whether the decision has already become final. The most common remedies against non-final decisions include an appeal, an objection to a payment order, or objections to a bill-of-exchange or check payment order. Against certain final decisions, one may file a motion for retrial, a motion to set aside the decision, or a petition for review. Each remedy has its own conditions for admissibility and time limits; therefore, it is always necessary to proceed based on the specific decision and the court’s instructions.

Frequently Asked Questions

Can I file an appeal electronically?

Yes. Provided that the statutory conditions are met, a submission may be made electronically, for example, via a data box. However, it must always meet the required formalities.

What if the last day of the deadline falls on a weekend or a holiday?

If the end of a procedural deadline falls on a Saturday, Sunday, or public holiday, the last day of the deadline is generally the next business day.

What happens if I file an appeal late?

As a general rule, the court will reject a late appeal. For some deadlines, it is possible to request an extension under certain conditions; for others, the law expressly does not allow it.

Does the court have to explain to me how to appeal the decision?

A written decision generally includes instructions on whether an appeal is admissible, within what time limit, and where it must be filed. Incorrect instructions from the court may affect the running of the time limit.

Can an attorney file an appeal on behalf of a client?

Yes. A lawyer can represent you in most legal proceedings. In the case of an appeal, representation by a lawyer or notary is generally even mandatory, unless one of the statutory exceptions applies.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague
Author of the article

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

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