Notes on Drafting an Appeal Petition and the Time Limit for Filing an Appeal in Civil Proceedings
Provisions on Appeal Petition:
When exercising the right to appeal, the appellant must submit an appeal petition.
The appeal petition must contain the following principal information:
a) Date of the appeal petition;
b) Name, address, telephone number, fax number, and email address (if any) of the appellant;
c) Statement as to whether the appeal is against the entire or part of the first-instance judgment or decision that has not yet taken legal effect;
d) Grounds for the appeal and the appellant’s requests;
đ) Signature or fingerprint of the appellant.
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An appellant who is an individual with full civil procedural capacity may prepare the appeal petition himself/herself. The petition must state the full name, address, telephone number, fax number, and email address (if any) of the appellant, and must be signed or fingerprinted by the appellant at the end of the petition.
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Where such appellant does not prepare the petition himself/herself, he/she may authorize another person to lodge the appeal on his/her behalf. In such case, the petition must include the full name and address of the authorized representative, as well as that of the appellant, together with the appellant’s telephone number, fax number, email address (if any), and the power of attorney. The petition must be signed or fingerprinted by the authorized representative.
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A legal representative of a party that is an agency or organization may prepare the appeal petition on behalf of such party. The petition must state the name, address, telephone number, fax number, and email address (if any) of the agency or organization; the full name and position of its legal representative. At the end of the petition, the legal representative must sign and affix the seal of the agency or organization. In case of an enterprise, the use of the seal must comply with the Law on Enterprises.
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Where the legal representative of an agency or organization authorizes another person to lodge the appeal, the petition must state the full name and address of the authorized representative, of the authorizing agency/organization, its telephone number, fax number, email address (if any), and the full name and position of the legal representative of such agency/organization, together with the power of attorney. The petition must be signed or fingerprinted by the authorized representative.
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A legal representative of a party that is a minor or a person lacking civil act capacity may prepare the appeal petition on behalf of such party. The petition must state the full name and address of the legal representative and the full name and address of the minor or the person lacking civil act capacity. At the end of the petition, the legal representative must sign or fingerprint.
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Where such legal representative authorizes another person to lodge the appeal, the petition must include the full name and address of the authorized representative and the power of attorney, the full name and address of the legal representative, and of the party being a minor or a person lacking civil act capacity. The petition must be signed or fingerprinted by the authorized representative.
Authorizations referred to in the above cases must be made in writing with notarization or certification, except where the power of attorney is prepared at the court in the presence of a judge or a person assigned by the Chief Justice. The power of attorney must specify that the party authorizes the representative to appeal against the first-instance judgment, or the decision on suspension or termination of the case by the first-instance court.
The appeal petition must be submitted to the first-instance court that rendered the appealed judgment or decision. If the appeal petition is submitted to the appellate court, that court must forward it to the first-instance court for necessary procedures in accordance with the Civil Procedure Code.
Attached to the appeal petition, the appellant must provide additional documents or evidence (if any) to substantiate that the appeal is well-grounded and lawful.
Time Limit for Appeal:
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The time limit for appeal against a first-instance judgment is 15 days from the date of pronouncement of the judgment. For parties, representatives of agencies, organizations, or individuals initiating the lawsuit who were absent from the trial or from the pronouncement of the judgment for a legitimate reason, the time limit shall be counted from the date they receive the judgment or from the date the judgment is posted.
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For parties, representatives of agencies, organizations, or individuals initiating the lawsuit who attended the trial but were absent when the court pronounced the judgment without a legitimate reason, the time limit shall be counted from the date of pronouncement of the judgment.
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The time limit for appeal against a decision on temporary suspension or termination of case resolution by a first-instance court is 07 days from the date the parties, agencies, organizations, or individuals initiating the lawsuit receive the decision or from the date the decision is posted in accordance with the Civil Procedure Code.
Where the appeal petition is sent by postal service, the date of appeal shall be determined based on the date the postal service affixed its postmark on the envelope. Where the appellant is in detention, the date of appeal shall be the date the appeal petition is certified by the warden of the detention facility.
Legal Ground: Articles 272 and 273 of the 2015 Civil Procedure Code.
