Civil cassation appeal
Professional preparation of a cassation appeal in civil proceedings.
We offer assistance in preparing a cassation appeal, thanks to which you will be able to start the extraordinary procedure for verifying the final decision. In our activities, we place particular emphasis on individual consulting for each client.
By providing professional and effective services, we aim to benefit our clients while guaranteeing reliability and confidentiality. To ensure that our clients receive professional assistance in solving legal problems at the highest substantive level, we approach each case with full commitment.
When preparing a cassation complaint, we strive to achieve the best results for the client, and by adapting to his individual needs, we ensure flexibility of the service.
Entities authorized to submit a cassation appeal
Only a party, the Prosecutor General or the Ombudsman may submit a cassation appeal to the Supreme Court. Filing a cassation appeal by a party excludes - in the contested scope - lodging a cassation appeal by the Prosecutor General or the Ombudsman.
Cassation cases for filing a cassation appeal
A cassation appeal may be filed against a final judgment or decision issued by the second-instance court rejecting the claim or discontinuing the proceedings ending the proceedings.
Grounds for filing a cassation appeal
A party may base a cassation appeal on the following grounds:...
Formal requirements for a cassation appeal
A cassation appeal should include the name of the judgment against which it is filed, indicating whether it is being appealed against in whole or in part...
Response to cassation appeal
The opposing party may file a response to the cassation appeal to the court of second instance within two weeks of receiving the complaint. If a cassation appeal is filed by the Prosecutor General or the Ombudsman, both parties may submit a response to the complaint.
Court fees
The fee must be paid when submitting a fee-paying document to the court. The provisions of the Act providing for the collection of a fee for a claim or application initiating proceedings in the case also apply to the fee for a cassation appeal, unless a specific provision provides otherwise.
Admission for examination
Fulfillment of the construction requirement of a cassation appeal consists in submitting an application for acceptance of the complaint for consideration and any justification for this application, and only this is subject to control by the court of second instance, because the substantive assessment of the validity of the application rests with the Supreme Court adjudicating on the acceptance of the complaint for consideration.
Cassation hearing
The Supreme Court hears a cassation appeal in a panel of three judges. In other cases, the Supreme Court adjudicates in a panel of one judge.
Decisions on cassation appeals
The Supreme Court hears a cassation appeal within the limits of the appeal and the limits of the grounds; within the limits of the appeal, however, it shall take into account ex officio the invalidity of the proceedings.
Serious issues in cassation appeals
If, when examining a cassation appeal, a legal issue that raises serious doubts arises, the Supreme Court may postpone the issuance of the judgment and refer the issue to an enlarged panel of the Court for resolution.
Rejection of the appeal
If the lawsuit was rejected or there was a basis for discontinuing the proceedings, the Supreme Court repeals the judgments issued in the case and rejects the lawsuit or discontinues the proceedings.
Matters not regulated in the cassation appeal proceedings
If the lawsuit was rejected or there was a basis for discontinuing the proceedings, the Supreme Court repeals the judgments issued in the case and rejects the lawsuit or discontinues the proceedings.