Order No. 15926 of 2024: Notification and Timelines for Appeal to the Supreme Court

The recent order no. 15926 of June 7, 2024, issued by the Supreme Court, provides important clarifications regarding the start of the deadlines for filing an appeal to the Supreme Court following a request for revocation. The central issue lies in the relationship between the notification of the summons for revocation and the subsequent appeal, an aspect that deserves attention from all legal professionals.

The Regulatory Context

According to Article 398, paragraph 4, of the Code of Civil Procedure (c.p.c.), the notification of the summons for the revocation of a judgment on appeal is equivalent to that of the judgment itself regarding the start of the short deadline for the appeal to the Supreme Court. This implies that the deadline for filing an appeal does not only start from the date of deposit of the judgment but also from the notification of the summons for revocation.

Start - Notification of the judgment - Request for revocation - Equivalence - Filing by the losing party of the appeal to the Supreme Court after the submission of the request for revocation - Article 398, paragraph 4, c.p.c. - Short deadline - Applicability - Suspension of deadlines for appeal to the Supreme Court - Start. The notification of the summons for the revocation of a judgment on appeal is equivalent, for both the notifying party and the recipient party, to the notification of the judgment itself for the purpose of starting the short deadline for filing an appeal to the Supreme Court, so the timeliness of the subsequent appeal to the Supreme Court must be verified not only with regard to the long deadline from the deposit of the contested decision, but also with reference to the sixty-day period from the notification of the summons for revocation, unless the judge of revocation, following a party's request, has suspended the deadline for appealing to the Supreme Court, pursuant to Article 398, paragraph 4, c.p.c., effective from the date of communication of the suspension order.

The Implications of the Judgment

The ruling of the Supreme Court highlights several practical aspects that lawyers must consider when dealing with revocation cases. Among the key points, the following can be listed:

  • The necessity to consider not only the long appeal deadline but also the short one of sixty days from the notification of the summons for revocation.
  • The importance of proper management of deadlines, as any delays may lead to the inadmissibility of the appeal.
  • The possibility for the judge to suspend the appeal deadline, an option to be used with caution and only when justified.

Conclusions

In summary, order no. 15926 of 2024 from the Supreme Court represents a fundamental piece for understanding the temporal dynamics related to revocation and appeal. It is essential for professionals in the legal field to pay attention to these details, as they can significantly influence the outcome of cases. Regulatory clarity and the correct application of provisions can help ensure a fair trial and the protection of the rights of the parties involved.

Bianucci Law Firm