Appealing Court Resolutions: Procedure and Evidence
Procedure
I. Preparation: The appeal should be prepared before the same court that issued the resolution within 5 days. This is done through a letter stating the contested decision and the willingness to use the expression of the rulings being appealed.
After preparation, the resource can be properly or improperly prepared. Until May 2010, adequate preparation resulted in a decision. From May 2010, the clerk determines if the appeal is properly prepared.
If not properly prepared, an order shall be issued against the party filing the complaint.
Once correctly prepared, the second phase begins.
II. Interposition: The parties have 20 days to appeal (Court of 1st instance). The notice of filing must include the standards allegedly breached, the resulting helplessness, and proof that the breach was reported in the 1st instance.
III. Elevation to the Court ad quem: Before shipment, the opposing party is given 10 days to oppose or accede to the appeal. The national ad quem court may hold a hearing where evidence can be presented. The appeal decision is to be made within 10 days after the hearing’s conclusion or within 1 month if no hearing took place. The LO 1/2009 of November 13 LOPJ reform states that in oral proceedings due to the amount, the appeal shall be decided by a single judge. In resolving the appeal, it must be considered whether it was lodged against a decision or an order. After the LEC reform (May 2010), if a resolution is used, it is an order; if a sentence is used, it is a sentence.
The resolution can be:
- Upholding, for violating:
- The substantive rules of the 1st instance decision will be overturned, and the Public Administration (PA) will issue a replacement.
- Standard procedure to revoke the 1st instance sentence and issue another resolving the merits. If the violation of a procedural rule leads to nullity or abstention, the proceedings will be sent back to the state where the offense was committed.
- Rejected: No room for appeal. The decision becomes final unless extra resources are prepared and interposed.
If the sentence is partially upheld or rejected, there are no costs, except in partial rejection with noticeable recklessness (bad faith).
If the sentence is completely rejected, an order for costs is issued to the party whose claims were rejected, unless the court finds serious questions of fact or law.
Evidence on Appeal
When bringing the appeal or when the opposing party objects or contests (membership of the appeal), they may request evidence or documentation in the following cases (Article 270 LEC):
- Documents on new facts or allegations of new events.
- Tests improperly rejected in the 1st instance.
- Tests proposed and admitted in the 1st instance but not performed due to reasons beyond the parties’ control.
- Facts relevant to the lawsuit that occurred after the sentencing date or before, provided they were discovered later.
- In cases of involuntary default, additional testing may be moved if deemed necessary after the point for proposing tests in the 1st instance.
Accession to the Appeal
The LEC does not explicitly mention accession to the appeal. However, it allows the hearing of the other party’s appeal. Initially, the appealed party not only opposes the appeal but also challenges the resolution, seeking its repeal and replacement with a more favorable one.
When the appellee submits the brief within 10 days, they can object and challenge the unfavorable decision. The letter should include appropriate arguments, documentary evidence, and a written request for the practice of proof.
The notice of appeal is given to the appellant, who has 10 days to respond.
The principle of Imperius reformatio ban does not apply, meaning the defendant can be convicted for more than what was decided in the 1st instance.