Order No. 15901 of 2024: Clarifications on the Admissibility of the Appeal to the Supreme Court

The Court of Cassation, with order no. 15901 of June 6, 2024, addressed a matter of significant importance for legal practice: the requirements for the commencement of the term for filing an appeal to the Supreme Court following the communication of the order of inadmissibility of the appeal. This ruling provides significant insights for all legal professionals, clarifying some fundamental aspects of the Code of Civil Procedure.

The Regulatory Context

Article 348-bis of the Code of Civil Procedure regulates the inadmissibility of the appeal, establishing that the communication of the order of inadmissibility is crucial for the running of the terms for the appeal to the Supreme Court. In particular, the order in question clarified that for the sixty-day term for the appeal to the Supreme Court to commence, it is necessary for the recipient party to be able to understand the nature of the provision adopted.

(APPEAL) - ADMISSIBILITY OF THE APPEAL Communication of the order of inadmissibility of the appeal pursuant to Article 348-bis of the Code of Civil Procedure - Conditions for the commencement of the term for the appeal to the Supreme Court - Case. The communication of the order declaring the inadmissibility of the appeal under Article 348-bis of the Code of Civil Procedure is suitable for starting the sixty-day term for filing the appeal to the Supreme Court, pursuant to Article 348-ter, paragraph 3, of the Code of Civil Procedure, only when it allows the recipient party to understand the nature of the provision adopted, involving the special appeal regime provided. (In this case, the Supreme Court declared the appeal inadmissible due to tardiness, as it was filed five months after the communication of the order of inadmissibility of the appeal made via certified email to the defense lawyer).

The Analyzed Case

In this case, the appeal was declared inadmissible for tardiness, as it was filed five months after the communication of the order of inadmissibility of the appeal, which occurred via certified email. This element highlights the importance of clear and timely communication, allowing lawyers to act within the deadlines established by law. Indeed, the Court reiterated that the communication must allow for a complete understanding of the provision and its implications.

  • Importance of clarity in communication
  • Need to respect the deadlines for commencement
  • Crucial role of certified email in notification

Conclusions

In summary, order no. 15901 of 2024 provides an important reflection on the necessary requirements for an appeal to the Supreme Court to be considered admissible. It is essential that communications regarding the inadmissibility of the appeal are clear and precise, to avoid the expiration of appeal rights. Legal practitioners must pay particular attention to these aspects to ensure proper management of deadlines and legal procedures.

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