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CHAPTER II.

APPEAL

Can.  1628 A party who considers himself or herself aggrieved by any sentence as well as the promoter of justice and the defender of the bond in cases which require their presence have the right to appeal the sentence to a higher judge, without prejudice to the prescript of can. 1629.

Can.  1629 There is no appeal:

1/ from a sentence of the Supreme Pontiff himself or the Apostolic Signatura;

2/ from a sentence tainted by a defect of nullity, unless the appeal is joined with a complaint of nullity according to the norm of can. 1625;

3/ from a sentence which has become a res iudicata;

4/ from a decree of a judge or from an interlocutory sentence which does not have the force of a definitive sentence, unless it is joined with an appeal from a definitive sentence;

5/ from a sentence or a decree in a case where the law requires the matter to be decided as promptly as possible (expeditissime).

Can.  1630 §1. An appeal must be introduced before the judge who rendered the sentence within the peremptory period of fifteen useful days from the notice of the publication of the sentence.

§2. If an appeal is made orally, the notary is to put it in writing in the presence of the appellant.

Can.  1631 If a question arises about the right to appeal, the appellate tribunal deals with it as promptly as possible (expeditissime) according to the norms of the oral contentious process.

Can.  1632 §1. If the appeal does not indicate the tribunal to which it is directed, it is presumed to be made to the tribunal mentioned in cann. 1438 and 1439.

§2. If the other party has appealed to another appellate tribunal, the tribunal of higher grade deals with the case, without prejudice to can. 1415.

Can.  1633 An appeal must be pursued before the appellate judge within a month from its introduction unless the judge from whom appeal is made has established a longer period for a party to pursue it.

Can.  1634 §1. To pursue an appeal it is required and suffices that a party calls upon the services of a higher judge for an emendation of the challenged sentence, attaches a copy of this sentence, and indicates the reasons for the appeal.

§2. If a party cannot obtain a copy of the challenged sentence from the tribunal from which appeal is made within the useful time, the time limits do not run in the meantime; the impediment must be made known to the appellate judge who is to bind the judge from whom appeal is made by a precept to fulfill that judge’s duty as soon as possible.

§3. Meanwhile the judge from whom appeal is made must transmit the acts to the appellate judge according to the norm of can. 1474.

Can.  1635 Once the deadline for appeal has passed without action either before the judge from whom the appeal is made or before the appellate judge, the appeal is considered abandoned.

Can.  1636 §1. The appellant can renounce the appeal with the effects mentioned in can. 1525.

§2. If the defender of the bond or the promoter of justice has introduced the appeal, the defender of the bond or the promoter of justice of the appellate tribunal can renounce it, unless the law provides otherwise.

Can.  1637 §1. An appeal made by the petitioner also benefits the respondent and vice versa.

§2. If there are several respondents or petitioners and the sentence is challenged by only one or against only one of them, the challenge is considered to be made by all of them and against all of them whenever the matter sought is indivisible or a joint obligation.

§3. If one party introduces an appeal against one ground of the sentence, the other party can appeal incidentally against other grounds within the peremptory period of fifteen days from the day on which the original appeal was made known to the latter, even if the deadline for an appeal has passed.

§4. Unless it is otherwise evident, an appeal is presumed to be made against all the grounds of a sentence.

Can.  1638 An appeal suspends the execution of the sentence.

Can.  1639 §1. Without prejudice to the prescript of can. 1683, a new cause for petitioning cannot be admitted at the appellate grade, not even by way of useful accumulation; consequently, the joinder of the issue can only address whether the prior sentence is to be con-firmed or revised either totally or partially.

§2. New proofs, however, are admitted only according to the norm of can. 1600.

Can.  1640 The appellate grade must proceed in the same manner as first instance with appropriate adjustments; immediately after the issue has been joined according to the norm of can. 1513, §1 and can. 1639, §1 and unless the proofs possibly must be completed, the discussion of the case is to take place and the sentence rendered.

 




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