A ruling not to accept a lawsuit, a ruling to appeal a jurisdictional objection based on an application, or a ruling to reject a lawsuit, may be appealed within 10 days of the ruling being served.
The judgment shall be appealed within 15 days from the service of the judgment.
If I lose the case, should I appeal?
This should be considered, whether the court of first instance is afraid of the parties appealing, or the court of second instance is afraid of the parties submitting their appeal briefs
One of the evaluation indicators of the court of first instance is the rate of accepting the judgment and ending the lawsuit, that is, to resolve the contradiction at the grassroots level, and most of the courts of first instance are grassroots courts, and the court must do a good job of interpreting the law and reasoning.
Despite the assessment, the court of first instance was not afraid of the parties' appeals. First, because the appeal is to fully protect the parties' right to sue, second, the result of the appeal may be to withdraw the lawsuit, mediation, ruling, or judgment, and the result of the judgment may be to uphold the original judgment, or it may be to change the judgment, or it may be remanded for a new trial, and third, because the judge of the first instance is confident enough to uphold the original judgment, and the case will be responsible for life, and the judge will not joke with his career and future.
Then why is the court of second instance afraid that the parties will not be satisfied with the judgment of the first instance?
Although there are fewer judges in a certain basic court than in the intermediate court, all the appeal cases of the basic courts in the district are flocking to the intermediate courts, and the pressure on the intermediate courts is very great, and the second-instance cases are also heard for a long time.
In this case, how to weigh whether to appeal?
Whether there is an error in the first-instance judgment document. Although judges are responsible for life, judges are also human beings, not gods, and human beings inevitably make mistakes. Therefore, first judge whether there is any error in the judgment document. Whether the first-instance trial procedure is lawful and compliant. Justice includes both substantive and procedural justice. The procedural law is a procedural law, which is to protect the parties' right to sue, such as serving a summons three days ago, and the evidence that has been cross-examined can be whitewashed, and so on. Whether there is new evidence. Litigation is based on evidence, and without new evidence, litigation costs are wasted. Complicated and simple procedures are separated, and summary procedures are mostly used in the first instance, and the litigation fees for summary procedures are halved. However, for the collegial panel of the second instance, the appeal fee is the full fee. Don't be presumptuous without new evidence. What if there is evidence, but there is not enough time to prepare?File an appeal brief. If appealing, be sure to take the appeal briefs seriously.
Within 10 days of receiving the ruling, and within 15 days of receiving the judgment, write an appeal petition while considering whether to appeal. The appeal petition must be fully prepared, because the grounds for appeal and the factual basis of the appeal petition will become the content of the second-instance trial document, and it is also an important aspect to be considered by the second-instance trial judge in the judgment.