An appeal from a court judgment is the key ordinary remedy in civil proceedings. It allows for a renewed substantive examination of the case by the court of second instance, which reviews not only the correct application of the law but also the factual findings and the assessment of the evidence. A well-prepared appeal offers a genuine opportunity to challenge the decision of the first-instance court and may lead to its modification or reversal.
In this guide, you will find a comprehensive overview of the appeal procedure – from the fundamental principles, deadlines, and formal requirements to substantive issues. We also present practical tips, common mistakes and their procedural consequences. The article further includes detailed examples, information on costs, and answers to frequently asked questions.
Table of Contents
- What Is an Appeal From a Court Judgment?
- What Can Be the Subject of Appeal Allegations?
- When Can an Appeal Be Filed and Who Can File It?
- Appeal Deadlines – Rules, Examples, Common Mistakes
- How Does the Court of Second Instance Consider an Appeal?
- Appeal Against a District Court Judgment vs. an Appeal Against a Regional Court Judgment
- Appeal Costs – Fees, Exemptions, Risks
- When Does an Appeal Have a Real Chance of Success?
- Appeal From a Court Judgment – Summary
- FAQ – Questions and Answers About Appeal From a Court Judgment
What Is an Appeal From a Court Judgment?
An appeal is a procedural document that requires a higher court to reconsider the case. It has a devolutive effect, meaning the case goes to a higher court. It also has a suspensive effect, which can pause enforcement if a proper motion is filed and approved.
Only a judgment issued by a court of first instance can be appealed, regardless of whether a district court or a regional court rendered it. As a rule, such decisions are challenged by filing a complaint, unless the decision brings the proceedings in the case to an end.
What Can Be the Subject of Appeal Allegations?
The appeal may challenge:
- the factual findings made by the court;
- the evaluation of the evidence;
- violations of procedural rules;
- violation of substantive law;
- the lack of a comprehensive assessment of the evidence;
- the omission of relevant evidence.
Most appeals relate to an incorrect assessment of the evidence. For example, favouring one party, overlooking contradictions in testimony, or refusing to find documents credible.
When Can an Appeal Be Filed and Who Can File It?
An appeal may be filed by a party, a secondary intervener, the public prosecutor, the Children’s Rights Ombudsperson, the Ombudsperson for Citizens’ Rights, as well as other entities granted procedural rights under the law.
An appeal is allowed only against a judgment. It doesn’t matter whether the judgment was issued after a hearing or in a closed session.
Appeal Deadlines – Rules, Examples, Common Mistakes
The deadline for filing an appeal is 14 days from the delivery of the justification of the judgment. For the time limit to begin, you must first submit a request for the written justification.
Key terms
- 7 days – to request the justification, counted from the date the judgment is announced.
- 14 days – to file the appeal, counted from the date the written justification is delivered.
Example of calculating the deadline:
The judgment was announced on the 5th of January. The party submits a request for the justification on the 10th of January. The justification is delivered on the 25th of January. The deadline for appeals is the 8th of February (14 days).
The most common mistakes:
- filing an appeal without a prior request for justification;
- incorrect calculation of the deadline (e.g. skipping public holidays);
- filing an appeal to the wrong court;
- sending the appeal after the deadline – even one day of delay results in rejection.
How to write an effective appeal against a judgment?
To be effective, an appeal has to meet the formal requirements of Art. 368 of the Code of Civil Procedure. It must also include precise, well-reasoned arguments.
Mandatory elements of an appeal
- designation of the court, parties and attorneys;
- an indication of the appealed judgment (in whole or in part);
- the scope of the appeal;
- grounds of appeal;
- the justification of the allegations;
- the appeal requests (e.g., to amend or overturn the judgment);
- the signature of the party or the attorney.
Appeal allegations – how to formulate them?
Allegations should be:
- specific;
- well-structured;
- based on facts and legal provisions;
- supported by evidence.
Incorrect allegation example:
“The court was wrong.”
Correct allegation example:
“The court violated Article 233 § 1 of the Code of Civil Procedure by arbitrarily, rather than freely, assessing the expert opinion, in that…”
What evidence can be presented in an appeal?
New evidence can only be reported if:
- it was not possible to present it earlier; or
- the need to present it arose later.
The court of appeal may disregard evidence submitted only to prolong the proceedings.
How Does the Court of Second Instance Consider an Appeal?
The court of appeal examines the case within the limits of the appeal allegations, but it considers procedural nullity ex officio. The court may:
- amend the judgment (the most favourable outcome for the party);
- overturn the judgment and transfer the case for further reconsideration;
- dismiss the appeal if it is unfounded.
The court may also supplement the evidentiary proceedings. For example, by hearing witnesses or admitting new expert opinions.
Appeal Against a District Court Judgment vs. an Appeal Against a Regional Court Judgment
- An appeal against a district court judgment is considered by the regional court.
- An appeal against a regional court judgment is considered by the court of appeal.
In particularly complex cases, the appellate court may conduct additional evidentiary proceedings or schedule an appellate hearing.
Appeal Costs – Fees, Exemptions, Risks
The amount of the fee depends on the type of case:
- Property cases – 5% of the value of the subject matter of the appeal, no less than 30 PLN and no more than 200,000 PLN;
- Non-property cases – a fixed fee (e.g., 100 PLN, 200 PLN, 600 PLN);
- Additional costs – attorney fees, expert opinions, witness attendance costs.
Who pays the costs?
As a rule, the losing party in the appellate proceedings covers the costs of both instances.
Can You Apply for a Fee Exemption?
Yes – the request must be submitted together with a statement of financial situation.
When Does an Appeal Have a Real Chance of Success?
The chances of success are highest when:
- the court violated the rules of procedure;
- the assessment of evidence was arbitrary rather than free
- the court omitted important evidence;
- the court incorrectly applied substantive law;
- the reasoning of the judgment is internally contradictory or incomplete.
Appeal From a Court Judgment – Summary
An appeal from a court judgment allows you to effectively fight for the change of an unfavourable decision. Yet, it requires precision, good argumentation and knowledge of civil procedure. Clear allegations, solid justification, timely filing, and proper form are crucial.
Those unfamiliar with appeals may seek a professional attorney’s help. Even a minor mistake can lead to the appeal being rejected or dismissed by the court.
Get professional help. If you plan to appeal a judgment from a district or regional court, it is advisable to entrust your case to a lawyer. We can prepare a complete, well-reasoned appeal for you. We will review the case files, identify the most effective allegations, and represent you before the appellate court. Contact us to increase your chances of overturning an unfavourable judgment.
FAQ – Questions and Answers About Appeal From a Court Judgment
Does an appeal automatically suspend the enforcement of the judgment?
No. An appeal does not automatically have a suspensive effect. To suspend enforcement, a relevant motion must be filed. The court decides whether to grant it. The decision is based on the party’s interest or the risk of irreversible consequences.
How long does it take to resolve an appeal?
Usually, a few months, but in complex civil cases, it can take over a year. The duration depends on the court’s workload, the need for additional evidentiary proceedings, and the number of allegations.
Can I draft an appeal myself?
Yes, the law does not require a legal representative. However, appeals require advanced knowledge of substantive and procedural law. A formal error or poorly formulated allegations can reduce your chances of success.
Can I submit new evidence in an appeal?
Yes, but only in exceptional cases—if it was impossible to submit it earlier or if the need arose later. The appellate court may disregard evidence submitted solely to delay the proceedings.
Do appeals against district court judgments and regional court judgments differ in scope?
The scope of allegations is similar, but the competent court differs. Appeals against district court judgments are considered by the regional court. Appeals against regional court judgments are considered by the court of appeal. In practice, cases in appellate courts take longer and usually involve more complex issues.