Appeal from court rulings

Appeal from court rulings :As one of the most important judicial authorities in the country, the Supreme Court, in addition to the duty of investigating the president’s violations and issuing decisions on the unity of judicial procedure, is also responsible for monitoring and dealing with the correct implementation of laws in judicial courts. This oversight can sometimes include retrials of civil and criminal cases by the Supreme Court. The main purpose of this article is to examine one of the cases related to this issue, that is, re-examination of court rulings. This article will provide you with information about how the Supreme Court hears lawsuits and highlights the importance of this process.

In this context, Article 366 of the Civil Procedure Law provides explanations about appeals from court rulings. According to the interpretation of Article 366, appealing from the court rulings means determining whether or not the appealed decision is in compliance with Sharia standards and legal regulations. This process is vital and is implemented in order to ensure fair execution and in accordance with the laws of justice in the judicial system.

:Appealing is one of the means of protesting against court decisions, and in this process, the following people can file an appeal against court rulings

Litigants and their lawyers
Attorney General of the country

Appeal from court rulings

In the following, we have provided information about appeals from court rulings. In general, an appeal can be considered a unique approach and path to challenge court decisions. This process is highly specialized and specific and is carried out by the Supreme Court. The Supreme Court of the country has no duty to re-examine the nature of the lawsuit and only examines the votes for the compliance of the court’s decision with the standards of Sharia and law. Also, appeals from court rulings provide a specific way and path to protest the decisions of the courts.

:To submit an appeal petition, you must go through the following steps

Visit the Electronic Judicial Services Office.
Send the petition to the office of the court issuing the judgment.
After completing the petition and submitting the petition within the legal deadline, the petition will be sent to the Supreme Court along with the file.
According to the order, the petition will be referred to one of the branches of the court and will be processed.

?In what case can the court verdict be appealed

The cases that can be appealed from court rulings in the Law of Procedure of General and Revolutionary Courts in Civil Affairs are as follows:

A: Decisions issued by lower courts that have been finalized due to lack of appeal:

Rulings:

Rulings where the amount of the claim demanded by the parties is more than twenty million rials (20,000,000 rials).
Rulings related to the principle of marriage and its termination, divorce, descent, stone, waqf, third, imprisonment, and guardianship.
appointment:

Orders related to annulment or rejection of the petition issued by the court.
Appointments related to the collapse of the lawsuit or the disqualification of one of the parties to the lawsuit.
B: Opinions issued by appeals courts:

Rulings:

Rulings related to the principle of marriage and its termination, divorce, descent, hajr, and endowment.
appointment:

Appointments are subject to the fact that the original judgment about them can be appealed.
Orders related to annulment or rejection of the petition issued by the Court of Appeal.
Appointments related to the collapse of the lawsuit or the disqualification of one of the parties to the lawsuit.

?In what case is the court ruling irrevocable

In the following cases, it is not possible to appeal the court rulings. In other words, these cases are not covered by appeals and revisions:

Documented verdict on the firm confession of the parties in court.
A ruling based on the opinion of one or more experts, and the parties have made their opinion conclusive in writing.
Any judgment issued based on the solemn oath of the parties.
Judgments that the parties have waived their right to appeal.
A judgment that is clearly non-appealable under specific laws.
A ruling that is issued in an attempt to deal with the minor aspects of a main lawsuit, if the ruling regarding the main lawsuit is not amenable to appeal.

Deadline for appealing court rulings

One of the crucial points in the issue of appeals from court rulings is the time limit for this process. These deadlines are set as follows:

Opinions of the lower courts:

People living in Iran: 20 days from the date of finalization of the vote.
Persons living abroad: 2 months from the date of finalization of the vote.
Opinions of appeals courts:

The deadline is similar to the judgments of primary courts.

Opinions of absentee courts:

۲۰ days or 2 months after the expiration of the appeal period.
Time is very important in appealing court rulings, and it depends on paying attention to these deadlines and observing them, whether the client or those referring to the court can benefit from this process or not. Therefore, it is necessary to act on time to avoid possible loss of rights.

Procedures for appealing court rulings

In this article, up to this point, we have reviewed appeals from court rulings. We learned that in this process, people intend to check whether a decision is in accordance with Sharia regulations and laws and use the Supreme Court as the country’s highest judicial authority for this. The Supreme Court not only has the main task of hearing appeals from court rulings, but also supervises the correct implementation of laws in other courts.

The procedures for appealing court rulings are as follows:

Handling the appeal request:

This stage begins in the Supreme Court formally and without inviting the parties to the dispute, unless the court deems the presence of the parties necessary.

Review votes:

In the Supreme Court, the votes are reviewed in terms of compliance or non-compliance with Sharia standards and legal regulations.

Approval or rejection of the vote:

After examining the decision, the Supreme Court approves it if it conforms to Sharia standards and legal regulations. Failure to comply constitutes a breach.

Referral to the issuing court:

If the decision is approved, the case will be referred to the court that issued the original decision for implementation.

Dealing with a persuasive vote:

If the verdict is insistent, the case will be examined by the general board of legal branches of the Supreme Court.
These steps will be followed until the appeal of the court rulings is completed, to ensure compliance with the laws and regulations.

The duration of appeals from court rulings

One of the questionable questions that are usually raised by people who are involved in the process of appeals from court rulings or appeals from court rulings is related to the duration of hearing cases in the Supreme Court. This question often creates concerns in people.

It should be noted that the duration of hearing cases in the Supreme Court depends on various factors and cannot be determined in general. Because various legal and criminal objections are sent to the Supreme Court and each of these objections has its own conditions and variables. Also, the duration of cases handling by the branches of the Supreme Court and the volume of cases related to the referring branch will also have an impact.

As a result, in order to estimate the duration of hearing cases in the Supreme Court, specific and detailed information is needed about each case and the relevant conditions.

Appealing court rulings outside the deadline

If the person does not file an appeal against the court’s rulings within the stipulated time limit, or if the decision to reject the appeal request is issued, or the judgment is issued in a final form in the court, or if the person believes that the ruling contradicts the Shari’a principles and laws, He can submit his request to the public prosecutor. In this way, he will appeal through mediation. The deadline required for such a request is usually one month after the rejection of the request or the expiration of the appeal period. This request will be reviewed and investigated by the country’s public prosecutor, and if the public prosecutor determines that the sentence is contrary to Sharia laws and principles, he will order the Supreme Court to overturn this sentence. This appeal from the judgments of the mediation court is usually established within a period of one month after the rejection of the request or the expiration of the appeal period.

The difference between appeals from court rulings and appeals

Sometimes people confuse appeals from court judgments with appeals, but the two concepts are fundamentally different. In the previous text, an important difference between these two types of objections was mentioned. Appealing from court rulings, more precisely, is not a re-examination of the merits of the lawsuit. The Supreme Court has the sole responsibility of conforming the decision issued by the court to the Sharia and legal standards. But the appeal means the court of appeals to review the case again and present a new verdict. This court can issue a different decision from the previous decision, or confirm the previous decision.

Effects of appeals from court rulings

Appealing court rulings is an important step in the legal process that has important implications. In this section, we examine the effects of this type of protest and explain its effects.

One of the basic effects of appeal is the transfer effect. This means that by requesting an appeal, the hearing of the objection to the decision is done in a different authority than the authority that issued the original decision.

Another effect of the appeal is related to the execution of the sentence. In non-financial lawsuits, when the defendant provides security, the execution of the judgment is delayed until the final judgment is issued. But in financial lawsuits, by obtaining security from the person in whose favor the judgment is issued, the judgment becomes enforceable. This creates important and diverse effects in the legal process.

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