The procedure for verifying the decision of the court of first instance takes place if any of the parties to the case filed an appeal in a timely manner with the court of second instance. After the acceptance of the complaint, which meets the requirements provided for by the procedural legislation, and the proper notification of all persons about the time and place of the court session, an appeal takes place. Proceedings in a court of second instance proceed in accordance with certain rules.
Instructions
Step 1
At the appointed time, the court employee simultaneously invites all persons who have arrived to participate in the appeal proceedings in several cases into the courtroom. When the judges enter, everyone present stands up. Verification of decisions of lower courts is carried out collectively. The presiding judge announces the opening of the session and lists which civil cases and on whose complaints will be reviewed.
Step 2
After the report of the secretary of the court session on the attendance and absence of the notified persons, the availability of information about the reasons for the absence, the presiding judge shall establish the identity of the participants and the powers of the representatives of the parties. Then the chairman lists the composition of the court, explains the procedural rights and obligations of the persons participating in the case. The appeal proceedings are carried out in an atmosphere of security for the participants in the process and due order.
Step 3
The reporting judge briefly introduces the circumstances of the case, the decision of the court of first instance, the arguments of the complaint and objections to it, if any. Further, explanations of the parties in the case are heard. Priority is given to the person who filed the appeal. If the decision is appealed by both parties, then the plaintiff will appear first. The entire course of the appeal session is recorded by the secretary in the minutes.
Step 4
The parties have the right to file requests for admission of evidence that they were unable to present to the court of the initial instance. The board makes a ruling on the acceptance or refusal to accept additional evidence. If the result is positive, the accepted evidence is examined by the judicial composition. Further, the persons have the right to speak in the debate, in the same sequence.
Step 5
If the panel of judges finds it impossible to consider the case on the appeal in the current court session, then the proceedings are postponed and the date of a new court session is set. At the next meeting, the appeal takes place from the very beginning.
Step 6
At the end of the debate on all considered complaints, the collegium of judges of the second instance makes decisions in a special deliberation room. Upon return, the decisions adopted and signed by the entire judicial composition are announced.
