When The Court Decision Comes Into Force

Table of contents:

When The Court Decision Comes Into Force
When The Court Decision Comes Into Force

Video: When The Court Decision Comes Into Force

Video: Can Force Majeure Hold Up in Court During Virus Pandemic? 2022, December

Winning a dispute in court is only half the battle. After all, in order to start executing the court decision, it is necessary to wait for its entry into force. It should not be forgotten that after the decision is made, the other party has a legal right to appeal against it.

Legal Force of a Court Decision
Legal Force of a Court Decision

The decision of the court and its gaining force

Any court decision becomes binding at a certain point. It is associated with making a decision legal. For example, after the decision has come into legal force, you can receive a writ of execution and begin the procedure for its enforcement. If a person recognizes certain rights by a court decision that has entered into force, then one should proceed to their registration. In criminal law, the entry into force of a conviction of a court means its execution.

For some categories of disputes, a court decision must be executed immediately, regardless of its entry into legal force. Examples are cases of alimony recovery, reinstatement at work and payment of wages for 3 months. In criminal proceedings, sentences related to the release of a person from custody right in the courtroom are immediately executed.

When the court decision comes into legal force

There are several main rules for determining the time of entry into force of a court decision. So, if the decision was not appealed to the court of appeal, then it comes into legal force with the expiration of the time allotted for filing an appeal. In the event that the appeal was filed on time, the court decision acquires its legal status after the end of the appeal procedure. If the appellate court, based on the results of the consideration of the complaint, made a new decision, then it comes into force immediately after its announcement.

It also happens that a party missed the deadline for filing an appeal against a court decision for valid reasons. In this case, the court of appeal has the right to restore it. Thereafter and until the end of the appeal proceedings, the decision is considered not to have entered into legal force.

Within the framework of the consideration of civil cases, there is also such a category of decisions as a court order. It comes into force when the debtor, within ten days after its receipt, does not submit his written objections to the court.

Entry into legal force of court rulings

As a rule, in civil and economic disputes, the rulings come into force from the moment they are made, but later some of them can be appealed. In criminal proceedings, some of the rulings come into legal force after the end of the period allotted for filing an appeal. An exception is made by definitions, the appeal of which is not provided for by law.

Popular by topic