Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 144Service of application of Appeal. Time for answer.

Title I

In forceOfficial text

(1) An appeal may be entered by any party against all the other parties or against any one of them. The appellant shall indicate in the application of appeal the parties against whom the appeal is directed. The application of appeal shall be served on all the parties but only the parties against whom the appeal is directed shall, within the time of thirty (30) days, file their respective answer containing the reasons why the appeal should be dismissed:

Provided that in causes where there are more than three plaintiffs or more than three defendants the application of appeal and any other notice, including the notice of trial relating to the appeal, may be served upon any two of the plaintiffs or upon any two of the defendants, as the case may be, and upon an advocate and a legal procurator who before the court at first instance had acted on behalf of the other plaintiffs or defendants:

Provided further that where there is no advocate or legal procurator as referred to in the first proviso or where any such advocate or legal procurator has informed the appellant of the cessation of the character in which the advocate or legal procurator has acted, the party requesting to effect service of the application of appeal may request the court before which the appeal is filed to authorise service to all parties, other than the two plaintiffs or the two defendants as the case may be, referred to in the preceding proviso, by publication in the Gazette and in one or more daily newspapers as the court may direct, without any further procedures or requirements.

(2) In the case of a cross appeal in terms of article 240, the party against whom the cross appeal is directed shall within the said time of thirty (30) days file a reply rebutting the allegations included in the cross appeal.

(3) When two (2) or more parties file an application of the appeal or the reply together, they shall, on filing the written pleading, state a single address for the execution of service of the notice about the security for costs related to the appeal and for the service of the notice that the case was left for sentencing.

Amendment history
  • Amended by XXXII.2021.2