Chương XVI Bộ luật tố tụng dân sự 2015: Chuẩn bị xét xử phúc thẩm

Chapter XVI

PREPARATION FOR AN APPELLATE TRIAL

Article 285. Acceptance of appellate trial

1. Immediately after receiving the case files, appeals and accompanying materials and evidences, the appellate Courts must record them to the acceptance books.

Within 03 working days from the date of judgment acceptance, the Court shall send written notifications to involved parties, agencies, organizations and individuals initiating lawsuits and procuracy of the same level informing that it has accepted the petition; such information shall be also posted on e-portal of the Court (if any).

2. The Chief Justice of the appellate Court shall set up an appellate trial panel and assign a Judge to be the presiding Judge of the Court session.

Article 286. Time limit for preparation for appellate trials

1. Within 02 months as from the day on which the petition is accepted, the competent Court shall, on a case-by-case basis, issue one of the following decisions:

a) To suspend the appellate trial over the cases;

b) To terminate the appellate trial over the cases;

c) To bring a case to appellate trial.

Regarding complicated cases or due to force majeure events or objective obstacles, the Chief Justices of the appellate Courts may issue decisions to extend the time limit for preparation for appellate trial for not exceeding 01 month.

2. Within 01 month form the day on which the decision to bring a case to trial is issued, the Court shall open an appellate Court session; if there is good and sufficient reason, such period shall be 02 months.

3. If there is a decision to suspend the appellate trial over the case, time limit for preparation for the appellate trial shall be calculated from the day on which the decision to resume the lawsuit settlement issued by the Court takes legal effect.

4. Time limit prescribed in this Article shall not be applicable to cases that are appealed according to simplified procedures and cases involving foreign elements.

Article 287. Provision of materials and evidences during the preparation for appellate trial

1. Involved parties are entitled to supplement the following materials and evidences during the preparation for appellate trial:

a) Materials and evidences requested by the first-instance Court that have not been provided by the involved parties due to good and sufficient reason;

b) Materials and evidences not requested by the first-instance Court or

2. Procedures for supplying materials and/or evidences shall be conformable with provisions of Article 96 of this Code.

Article 288. Suspension of the appellate trial

1. If the appellate Court issues a decision to suspend the appellate trial over a case, the effects of such suspensions and the resumption of appellate trial shall conform to provisions of Articles 214, 215 and 216 of this Code.

2. A decision to suspend the appellate trial over a case shall be effective immediately and shall be immediately sent to involved parties, agencies/organizations/individuals initiating the lawsuit and the procuracy of the same level.

Article 289. Termination of the appellate trial

1. The appellate Court shall issue a decision to suspend the appellate trial over a case or a part of a case in the following cases:

a) Cases specified in points a and b clause 1 Article 217 of this Code;

b) The appellant withdraw the whole appeal or the procuracy withdraw the whole appeal;

c) The appellant withdraw a part of the appeal or the procuracy withdraw a part of the appeal;

d) Other cases as prescribed by law.

2. If the appellant withdraws the whole appeal or the procuracy withdraws the whole appeal before the appellate Court issues the decision to bring a case to appellate trial, the decision to terminate the appellate trial shall be issued by the Judge assigned to preside the Court session; if the appellant withdraws the whole appeal or the procuracy withdraws the whole appeal when the Court has issued the decision to bring a case to appellate trial, the decision to terminate the appellate trial shall be issued by the appellate trial panel.

In such cases, first-instance judgments/decisions shall take legal effect from the day on which the appellate Courts issue the decisions to terminate the appellate trial.

3. If the appellant withdraws a part of the appeal or the procuracy withdraws a part of the appeal, the appellate trial panel shall consider such withdrawal and issue a decision on termination of a part of the appeal in the appellate judgment.

4. A decision to terminate the appellate trial over a case shall be effective immediately and shall be immediately sent to involved parties, agencies/organizations/individuals initiating the lawsuit and the procuracy of the same level.

Article 290. Decision to bring a case to appellate trial

1. A decision to bring a case to appellate trial shall consist of the following principal contents:

a) Information specified in points a, b, c, d, g, h and I clause 1 Article 220 of this Code;

b) Full name of the Judge, Court clerk; full name of alternate Judge (if any);

c) Full name, procedural capacity of the appellant;

d) Procuracy lodging appeal (if any);

dd) Full name of the procurator participating in the Court session; full name of the alternate procurator (if any).

2. A decision to bring a case to appellate trial must be sent to involved parties and procuracy of the same level within 03 working days from the day on which it is issued.

Article 291. Decision to apply, change or cancel provisional emergency measures

Within the preparation for appellate trials, appellate Courts shall be entitled to issue decisions to apply, change or cancel provisional emergency measures prescribed in Chapter VIII of this Code.

Article 292. Forwarding the case files to the procuracies for study

1. Appellate Courts must forward the case files and decisions to bring the case to trial to procuracies of the same levels for study.

2. The procuracies shall study the files within 15 days as from the day on which such case files are received; upon the expiry of such time limit, the procuracies must return the case files to the Courts.