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Appeal rejected

The court of first instance will reject, at a closed session, an appeal filed after the expiry of the prescribed deadline, unpaid or inadmissible for other reasons, as well as an appeal whose deficiencies were not remedied by the party within the prescribed deadline.

The court of second instance rejects the appeal at a closed session if it was rejected by the court of first instance. If it notices any deficiencies that the party was not asked to remove, it will request their removal. If the deficiencies are not removed within the prescribed period, the appeal will be rejected.

The second-instance court's questioning of the correctness of the first-instance court's decision to restore the deadline for filing an appeal (e.g. an appeal) should be limited to situations where there is a certain (obvious) factual basis for doing so.

Difficulties (obstacles) preventing a party from meeting the deadline for carrying out a procedural act do not have to be extraordinary events. Being away from the place of residence during holidays is a circumstance justifying failure to meet the deadline for performing a procedural act, if the actual delivery of the court document took place after the date of substitute delivery (Article 138 § 1 of the Code of Civil Procedure) (I UZ 13/2006).

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