Appeal: Your Second Chance at Vindication before the Court of Appeals

Q: What is the time limit for lodging an appeal against a first-instance judgment?

In civil cases, if the judgment is duly served through a bailiff, the time limit is 30 days. Without service, it is extended to two years from publication. In criminal cases, the time limit is, as a rule, 10 days from publication or service, with 30 days for those residing abroad or of unknown residence. Lapse leads to the irrevocable loss of the right.

Q: Can I produce new documents and pleas before the Court of Appeals?

In civil proceedings, the Court of Appeals permits the use of new evidence, especially documents, under Article 529 of the Code of Civil Procedure (KPolD). If their non-production at first instance is found to be due to gross negligence or obstruction of justice, they may be rejected. New factual pleas are permitted only by way of exception in the cases provided for by law.

Q: Which grounds of appeal lead to the overturning of the first-instance judgment?

Grounds are distinguished into legal errors (erroneous interpretation or application of substantive or procedural law) and factual errors (defective assessment of evidence). An appeal without at least one specific ground is declared inadmissible. The specification of errors in the assessment of evidence is not always necessary, provided it is stated that it led to an erroneous operative part.

Q: How is the execution of the first-instance judgment ordering me to pay money suspended?

When the judgment is declared provisionally enforceable, an application for suspension of execution under Article 912 of the Code of Civil Procedure (KPolD) is required, with a short time limit and strict conditions for acceptance. The court examines the likelihood of the appeal succeeding and the risk of irreparable harm, and a request for a temporary restraining order is often also submitted.

Q: Do I have a chance of overturning the first-instance judgment before the Court of Appeals?

The chances depend on the nature of the errors, the quality of the evidence and the possibility of producing new material. In practice, there are many cases where judgments have been overturned, since the Court of Appeals fully reassesses the facts. It may also examine of its own motion whether the action was indeterminate, inadmissible or legally unfounded.

Q: What is the role of the lawyer in drafting and pursuing the appeal?

The lawyer analyses the judgment under appeal, identifies the errors, drafts the pleading with specific grounds, ensures timely filing and service, organises new evidence and prepares the brief. In criminal cases, he formulates a defence strategy and files an application for suspension of execution. He may also lodge additional grounds of appeal or a cross-appeal.

An unfavourable first-instance judgment is not the end of the road. It is the moment for strategic regrouping. An appeal requires a lawyer who will not merely repeat the arguments of the first trial, but will identify the legal and factual errors in the judgment that must be overturned.

At the law firm ZIAMPARAS & ASSOCIATES, we specialise in lodging appeals with an analytical approach aimed at substantively reforming the judgment.

The “Mechanics” of the Appeal: Why we excel

Drafting an appeal is an exercise in precision.

Analytical Thinking: As lawyers with a background in Computer Science (Engineering), we treat the first-instance judgment as a system that must be audited for “logical errors”. We identify gaps in the reasoning and contradictions in the testimony that led to an erroneous finding.
Pozner & Dodd Methodology: In criminal appeals, we apply advanced witness examination techniques to highlight the reasonable doubt that was overlooked at first instance.
Speed & Deadlines: Time in an appeal is unforgiving. We ensure the timely and procedurally faultless lodging of the legal remedy, preventing inadmissibility.

Court of Appeals Services

Criminal Appeals: Defence at second instance for the reduction of sentence or full acquittal. Applications for suspension of execution of sentence pending the appeal.
Civil Appeals: Overturning judgments concerning damages, real property disputes (Real Estate) and family matters.
Additional Grounds of Appeal: Strengthening our strategy with new pleas that bring out the truth of your case.

“An appeal is not a simple repetition of the trial. It is a fresh battle won in the details of legal documentation.”

Do not let the deadline lapse

Every day that passes after the issuance of the judgment is critical. Contact us for an immediate assessment of the prospects of success of your appeal.

In more detail:

The appeal is the legal remedy by which a litigant complains to the second-instance court of errors in the judgment of the first-instance court. The victory of one litigant at first instance does not signal the loss of the case, and conversely the fact that one litigant prevailed before the Court of First Instance does not signal final victory. The legislator provides for the appellate procedure, in which the case is retried from scratch, even with new evidence (chiefly documents). Exceptionally, new pleas are also permitted.

Drafting an appeal on behalf of the losing litigant, or responding to an appeal on behalf of the prevailing litigant, is demanding professional and academic work owing to the specialisation that the task requires. The lawyers at our firm have considerable experience and are familiar with many cases that were upheld at the Court of First Instance but were entirely overturned at the Court of Appeals in vindication of the opposing party. The Court of Appeals, as the second-instance court, in essence retries and re-examines the entire case, reviewing all the first-instance pleas of the litigants (plaintiff and defendant), while in certain circumstances new pleas may also be raised before the Court of Appeals by the parties. The plaintiff or defendant may also adduce new evidence (documents and other proofs) that reinforce their pleas.

Whether the grounds of appeal are well-founded is determined by the assessment of the entire body of evidence adduced before the Court of Appeals, including evidence produced for the first time in the appellate proceedings under Article 529 §§ 1-2 of the Code of Civil Procedure (KPolD). The Court of Appeals, however, is not precluded — provided the law does not provide otherwise — from ordering, in its discretion, new or supplementary evidence using the means of proof referred to in the first-instance judgment, in order to complete its enquiry as to the merits of the grounds of appeal and the better resolution of the dispute, without quashing the judgment under appeal. The Court of Appeals rejects new evidence if it considers that the failure to produce it at first instance is due to gross negligence or an intent to obstruct justice (Areios Pagos 48/1986, EllDni 1986.48).

The most important matter, however, of which every litigant must be aware is the short time limit for lodging an appeal. Where the judgment is duly served on the losing party (by a bailiff), the time limit for lodging the appeal is only 30 days. It is also important to understand that an appeal may be lodged by a party who has only partially prevailed (where the action was partly upheld), and that an appeal lodged by one party does not preclude the lodging of a cross-appeal by the opposing party. If the appeal is not served by a bailiff, the law provides for an appeal period of two years, running from the day the judgment was issued by the Court of First Instance. If the judgment of the Court of First Instance is one ordering the payment of money (an enforcement judgment in an action for monetary relief) and has been declared provisionally enforceable, then there is also a need to apply for suspension of execution of the first-instance judgment, the time limit for which is even shorter (three days) and the application is even harder to have accepted.

Correspondingly, the time limit for lodging an appeal against a first-instance criminal judgment is ten (10) days from the trial, provided the defendant was present (representation by a lawyer, where there is authorisation, also treats the defendant as «present»), or ten (10) days from service of the judgment if the defendant was convicted in absentia (30 days if resident abroad or of unknown residence). The above cases concern appeals against judgments of criminal courts; however, the defendant also has the right to appeal against orders of the Council of Misdemeanour Judges referring him to trial for a felony, and only on specific grounds.

Consequently, anyone wishing to lodge an appeal must promptly turn to a specialised lawyer and ask for a study of his case in order to ascertain whether an appeal can be — and is worth being — lodged against the judgment of the first instance. Our firm has successfully drafted numerous appeals or has handled the response to numerous appeals before the territorially competent courts throughout Greece, in connection with every type of case described in our practice areas.

Grounds of appeal

An appellate pleading that does not contain at least one specific ground of appeal is declared inadmissible Areios Pagos 1722/2006. If the action was inadmissible, indeterminate, or legally unfounded but was upheld at first instance as founded on the merits, and the defendant complains in his appeal of the substantive acceptance of the action, the second-instance court may, of its own motion, identify the above defects and dismiss the action as inadmissible, indeterminate, or legally unfounded, even if there is no specific ground of appeal raised by the appellant-defendant AP 1004/2017. Indeterminate grounds of appeal are treated as non-existent and are dismissed as inadmissible, even on the court’s own motion AP 1574/2014. The ground of appeal must be formulated with clarity, so that the errors attributed to the judgment under appeal — which justify, according to the relief sought in the appeal, its quashing or reform — are precisely delineated AP 1574/2014. Grounds of appeal consist of specific complaints against the judgment under appeal, referring either to oversights of the appellant or to legal or factual errors of the court AP 170/2014. The court’s oversights may relate to:

the erroneous interpretation and application of substantive or procedural law AP 1574/2014, or
the erroneous assessment of the evidence AP 1574/2014.

Defective assessment of the evidence

The defective assessment of the evidence also falls within the factual errors of the court AP 104/2013 reasoning IIIAP 170/2014. The defective assessment of the evidence is sufficiently identified as a ground of appeal if the appeal states that, owing to the defective assessment of the evidence, the court reached an erroneous conclusion and operative part AP 104/2013 reasoning III AP 170/2014. In this case, specification of the errors regarding the assessment of the evidence is not necessary AP 104/2013 reasoning III AP 170/2014 AP 267/2017.

Violation of rules of substantive law

According to one view, a ground of appeal alleging violation of rules of substantive law is indeterminate if it does not mention the rule of law that was violated and how that violation occurred AP 170/2014. According to another view, for the appeal to be admissible it is not necessary to make specific mention in the appeal of the rules of substantive law violated by the first-instance court AP 1574/2014.

Appeal against an interim measures judgment concerning possession

An appeal is permitted against judgments on interim measures concerning possession, within a 10-day time limit from service of the judgment Article 734 § 3 sentence 1 of the Code of Civil Procedure (KPolD). In interim measures concerning possession, the appeal period and the lodging of the appeal do not have an automatic suspensive effect on the enforceability of the judgment Article 734 § 4 KPolD. Suspension may be ordered if the losing party so requests by application under Article 912 KPolD Article 734 § 4 KPolD Article 912 KPolD. An appeal in interim measures concerning disturbance of, or dispossession from, possession must be heard and decided within a one-year period from the disturbance or dispossession 2678/2011 Athens Multi-Member Court of First Instance. The lodging of the ordinary action concerning possession interrupts the limitation period 2678/2011 Athens Multi-Member Court of First Instance.

See also the article Cassation before Areios Pagos

FREQUENTLY ASKED QUESTIONS ABOUT THE APPEAL

1. What is the time limit for lodging an appeal against a first-instance judgment?

In civil cases, if the judgment is duly served on the losing party through a bailiff, the time limit for lodging an appeal is 30 days. If no service has taken place, the time limit is extended to two years from the publication of the judgment. In criminal cases, the time limit is, as a rule, 10 days from publication (if the defendant was present or represented by a lawyer) or 10 days from service of the judgment in the case of conviction in absentia, with 30 days for those residing abroad or of unknown residence. The lapse of the time limit results in the irrevocable loss of the right, so prompt contact with a lawyer is critical.

2. Can I produce new documents and pleas before the Court of Appeals?

In civil proceedings, the Court of Appeals re-examines the case and permits the use of new evidence, especially documents, in accordance with Article 529 of the Code of Civil Procedure (KPolD). However, if the court finds that the failure to produce the documents at first instance is due to gross negligence or an intent to obstruct justice, it may reject them. New factual pleas are permitted only by way of exception, in the cases expressly provided for by law. For this reason, the strategic choice of which documents and which pleas will be raised before the Court of Appeals requires careful legal assessment, so that they are not dismissed as inadmissible.

3. Which grounds of appeal lead to the overturning of the first-instance judgment?

The grounds of appeal must be formulated clearly and must highlight specific errors in the judgment under appeal. As a rule, they are distinguished into legal errors (erroneous interpretation or application of substantive or procedural law) and factual errors (defective assessment of the evidence that led to an erroneous conclusion). According to the case law of Areios Pagos, an appeal that does not contain at least one specific ground is declared inadmissible. The specification of errors in the assessment of evidence is not always necessary, provided it is stated that the defective assessment led to an erroneous operative part. The drafting of specific and legally substantiated grounds is the key to the success of the appeal.

4. How is the execution of the first-instance judgment ordering me to pay money suspended?

When the first-instance enforcement judgment is declared provisionally enforceable, the opposing party can immediately proceed with compulsory execution, even while the appeal is pending. To prevent this, the appellant must file an application for suspension of execution under Article 912 of the Code of Civil Procedure (KPolD), with a particularly short time limit and strict conditions for acceptance. The court examines the likelihood of the appeal succeeding and the risk of irreparable harm. Drafting an application for suspension requires speed and substantiated argumentation, and is often accompanied by a request for a temporary restraining order pending the hearing.

5. Do I have a chance of overturning the first-instance judgment before the Court of Appeals?

The chances of success depend on the nature of the errors in the judgment, the quality of the evidence and the possibility of producing new material. In practice, there are many cases where actions that were upheld at first instance were overturned on appeal, since the second-instance court fully reassesses the facts. Moreover, even without a specific ground of appeal, the Court of Appeals may, of its own motion, examine whether the action was indeterminate, inadmissible or legally unfounded. A realistic assessment of the prospects by an experienced lawyer is essential before lodging the legal remedy.

6. What is the role of the lawyer in drafting and pursuing the appeal?

The lawyer initially undertakes a critical analysis of the judgment under appeal, in order to identify the legal and factual errors that may constitute grounds of appeal. He then drafts the appellate pleading with specific and substantiated grounds, ensures timely filing and service, organises the new evidence and prepares the brief. In criminal cases, he formulates the defence strategy for the reduction of the sentence or for acquittal and files an application for suspension of execution where required. At the same time, he may lodge additional grounds of appeal or a cross-appeal, depending on the procedural position of the client.

APPEAL – LAWYER