How to lodge an Appeal

2012-11-23 12:49:30 BJT

How to lodge an Appeal

 

If you are one of the parties and are not satisfied with first instance judgment and ruling (only restricted to four kinds of ruling, i.e. refuse to accept an action, reject the action, objection to jurisdiction and constitution of a limitation fund for maritime claims), you may lodge an appeal to the Guangdong Provincial Higher People¡¯s Court.

 

The appeal shall be made within the relevant statutory period. The period for appealing against judgment is within 15 days from the date of service of the written judgment. The period for appealing against a ruling is within 10 days from the date of service of the written ruling while only within 7 days with respect to the ruling of constitution of a limitation fund for maritime claims. The period shall be counting from the next day of service of the judgment or ruling. If the date of service of judgment or ruling by each party is different, the period shall be counting respectively from the next day of service of the judgment or ruling by each party. If the expiration date of the period falls on a holiday, the first day after the holiday shall be the expiration date of the period.

 

A party which has no residence within the territory of the People's Republic of China shall have the right to appeal against a judgment or ruling of a people's court of first instance within 30 days from the date of service of the written judgment or ruling. The appellee shall submit a written statement of defense within 30 days after receiving a copy of the written appeal. If a party is unable to file an appeal or submit a written statement of defense within the statutory period and applies for an extension of the period, the application shall be subject to the decision of the People's Court.

 

If both parties fail to lodge an appeal within statutory period, the judgment of first instance shall take effect whilst the judgment does not take effect when one party lodges an appeal within the appealing period.

 

A written appeal shall be submitted when lodging an appeal. The following points shall attract attention: 1. A statement of case shall be summarized in the written appeal before presenting the court decision of first instance, the whole or part of which shall be pointed out to be not acceptable. Finally, the appealing requests shall be made clear as to whether it requests the court to revoke or completely or partially modify the original judgment. 2. The grounds for appeal are aimed at the original judgment rather than the opponent party. The grounds for being unsatisfied with the original judgment and ruling are majorly as follows: 1). Ambiguity of fact and inadequacy of evidence; 2). The original judgment or ruling is wrong at determination of case nature; 3). Wrong application of substantial law; 4). Violation of statutory proceedings.

 

Appealing fee shall be paid when lodging an appeal. You shall remit the appealing fee into the designated bank account within 7 days from the next day of submission of the written appeal. If there is a financial difficulty in paying appealing fee, you may apply for late, reduced or non-payment. The court will consider the appeal has been withdrawn if the appealing fee is overdue, or not applied for a late, reduced or non-payment, or although applied, not granted by the court.







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