Appeal Against a Judgment – Overview of Remedies at Law

An appeal against a judgment is a key legal remedy protecting parties in court proceedings. It enables a review of first-instance court rulings in terms of correctness. In certain cases, it permits the judgment to be recognised by a higher court. In the Polish legal system, there are several legal remedies. They offer different solutions for civil, criminal, and administrative cases.

Appeal

Appeal in Civil Proceedings

An appeal is the primary remedy against a first-instance court judgment in civil cases.

Key principles:

• An appeal against a district court judgment is heard by the regional court. An appeal against a regional court judgment – is recognised by the court of appeal,
• It must be filed with the court that issued the contested judgment. You can do it within two weeks of receiving the judgment with written reasoning.
• It may concern the whole ruling or its parts.
• The deadline may be three weeks if the time to prepare the reasoning has been extended.
• The appeal may raise both legal and factual arguments.

Appeal in Criminal Proceedings

In criminal cases, an appeal against a first-instance judgment is also allowed.

Key principles:

• The parties to the proceedings may file an appeal. The victim may do so in the case of a judgment conditionally discontinuing the proceedings.
• It may concern the whole judgment, part of it, or even just the reasoning.
• The public prosecutor may appeal both for the benefit and disadvantage of the accused,
• The deadline for filing is two weeks from delivery of the judgment with reasoning.
• The court of appeal examines the case for correctness of both the judgment and the proceedings.

Objection to a Payment Order

Objection in Civil Proceedings

An objection to a payment order is a defence available to the defendant in writ-of-payment proceedings.

Key information:

• The objection nullifies the enforceability of the order in the contested part.
• The deadline is two weeks from delivery of the order.
• In electronic writ-of-payment proceedings (EPU), the objection is filed with the e-court in Lublin.
• Once an objection is effectively filed, the case is examined under general rules,
• No evidence needs to be attached to the objection – it will be presented later in the proceedings.

Objection in Criminal Proceedings

In criminal proceedings, an objection may be filed against an injunctive judgment

Key information:

• The accused, the prosecutor, and the victim (if acting as auxiliary prosecutor) may file an objection,
• The deadline is 7 days from service of the judgment,
• Filing an objection nullifies the penal order, and the case proceeds to a regular trial.

Plea Against an Order for Payment (Civil Proceedings)

A plea against an order for payment is available to the defendant in proceedings by writ of payment. It is more formalised than an objection.

Key elements:

• Indication whether the order is contested in whole or in part,
• Presentation of formal and substantive defences,
• Stating facts and evidence in support,
• The time limit for filing objections is two weeks from the delivery of the payment order.
• Filing the plea results in the payment order losing its effect to the extent challenged.

Cassation Appeal

Cassation appeal in civil proceedings

A cassation appeal in civil cases is an extraordinary remedy recognised by the Supreme Court.

Key information:

• It may be filed against final judgments and certain rulings of the appellate court,
• It may be filed by parties as well as, e.g., the Prosecutor General, Ombudsman, and Children’s Ombudsman.
• Grounds: violation of substantive law (misinterpretation or misapplication) or procedural law (if it could affect the outcome).
• Deadline: two months from delivery of the judgment with reasoning.
• Legal representation is mandatory (cassation appeal must be drafted by an attorney-at-law).

Cassation appeal in criminal proceedings

In criminal cases, the equivalent of a cassation appeal is an appeal to the Supreme Court (SC).

Key principles:

• A cassation appeal to the Supreme Court may be filed against final judgments of the appellate court that conclude the proceedings.
• It may be filed by parties, the Prosecutor General, Justice Minister, Ombudsman, and Children’s Ombudsman
• The deadline is 30 days from receipt of the judgment with written reasoning,
• It must be filed through the appellate court. Public authorities may submit it directly to the Supreme Court,
• Each entitled party may file a cassation only once in relation to the same ruling.

Cassation Appeal to the Supreme Administrative Court

A cassation appeal to the Supreme Administrative Court is an extraordinary means of challenge in administrative court proceedings.

Key information:

• It is allowed against judgments and certain rulings of the Voivodeship Administrative Court.
• It must be filed through that court within 30 days of receipt of the judgment with reasoning.
• Grounds: violation of substantive law (misinterpretation or misapplication) or procedural law (if it affected the outcome).
• Legal representation is mandatory, with exceptions (e.g. judge, prosecutor, professor of law),
• The Supreme Administrative Court reviews the appeal only on legal grounds. There is no re-examining of evidence.

Comparative Table of Legal Remedies

Appeal Against a Judgment – Summary

The form of appeal depends on the type of case. In civil proceedings – appeals, objections, and pleas. In criminal proceedings – appeals, objections, and cassation. In administrative proceedings – a cassation appeal to the Supreme Administrative Court. Each remedy has a different character and formal requirements. It is crucial to comply with deadlines and statutory requirements.

Contact us today! If you need assistance in appealing a judgment, contact our team. We will help you select the right remedy and guide you at every stage of the process.

Appeal Against a Judgment – FAQ