Chương XVI Bộ luật Tố tụng dân sự 2004: Chuẩn bị xét phúc thẩm

Chapter XVI

PREPARATION FOR AN APPELLATE TRIAL

Article 257.- Accepting cases for appellate trial

1. Immediately after receiving case files, appeals, protests and accompanying documents, evidences, the appeal courts shall record them in acceptance books.

2. The chief judge of the appeal court or the chief judge of the appeal court of the Supreme People's Court shall set up the Appellate Trial Panel and assign a judge to act as the presiding judge.

Article 258.- Time limit for appellate trial preparation

1. Within 2 months as from the date of receiving a case, the appeal court shall, depending on each specific case, issue one of the following decisions:

a) To suspend the appellate trial of the case;

b) To stop the appellate trial of the case;

c) To bring the case to appellate trial.

For complicated cases or due to objective obstacles, the chief judge of the appeal court may decide to prolong the trial preparation time limit but for not more than one month.

2. Within one month as from the date of issuance of the decision to bring the case to trial, the court must open an appeal court session; in case of plausible reasons, this time limit shall be two months.

3. Decisions to bring the case to appellate trial must be forwarded to the procuracies of the same level and persons relevant to the appeal or the protest.

Article 259.- Suspension of the appellate trial of cases

The appeal courts shall issue decisions to suspend the appellate trial of cases; the consequences of suspension of the appellate trial of cases and the resumption of appellate trial of cases shall comply with the provisions of Articles 189, 190 and 191 of this Code.

Article 260.- Stoppage of the appellate trail of cases

1. The appeal courts shall issue decisions to stop the appellate trial of cases in the following cases:

a) Cases prescribed at Points a and b of Clause 1 of Article 192 of this Code;

b) The appellants withdraw the entire appeals or the procuracies withdraw the entire protests;

c) Other cases prescribed by law.

2. Where the appeal courts issue decisions to stop the appellate trials of cases under the provisions of Point b, Clause 1 of this Article, the first-instance judgments or decisions shall take legal effect as from the date the appeal courts issue such decisions.

Article 261.- Decisions to apply, change or cancel the provisional emergency measures

During the appellate trials, preparation time limit, the appeal courts may decide to apply, change or cancel provisional emergency measures prescribed in Chapter VIII of this Code.

Article 262.- Forwarding the case files to the procuracies for study

1. After accepting cases for appellate trial, the appeal courts must transfer the case files to the procuracies of the same level for study.

2. The time limit for the procuracies of the same level to study the case files shall be fifteen days as from the date of receiving the case files; upon the expiry of such time limit, the procuracies must return the case files to the courts.