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Recurso de apelación

Lawyers appeals

The courts competent to hear an appeal in the civil jurisdiction are (i) the Courts of First Instance, when the decisions subject to appeal have been issued by the Magistrates’ Courts of their district, and (ii) the Provincial Courts, when the decisions subject to appeal have been issued by the Courts of First Instance of their district.

By virtue of an appeal against a judgment, it may be sought, in accordance with the factual and legal grounds of the claims made before the court of first instance, that an order or judgment be overturned and that, in its place, another one or another be handed down in favor of the appellant, by re-examining the proceedings before that court and in accordance with the evidence that, in the cases provided for in this Law, is produced before the court of appeal.

However, when an appeal is lodged against a decision that does not terminate the instance, i.e. an interlocutory decision, it would not open a second instance, but the appellate court would merely decide again on the contested issue.

The appeal shall be lodged with the same court that issued the order or judgment being appealed against, but the court hierarchically superior to the one that issued the order or judgment shall have jurisdiction to hear and determine the appeal.

With regard to the appeal in the civil jurisdiction, we can say that the time limit for lodging the appeal is 20 working days. And the content of the appeal must contain the allegations on which the challenge is based, as well as citing the decision appealed against and the pronouncements that are being challenged.

If you do not wish to appeal in full, but only in part, you must specify which of the rulings you wish to appeal.

Letslaw’s litigation lawyers can assist you with their professional advice throughout the procedure, both in the preparation and drafting of the appeal, as well as with the preparation of any documents that may be required to be submitted with the appeal against the order or judgment.

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