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Civil Court of Appeal

RA Civil Court of Appeal (hereinafter Court of Appeal) examines the complaints lodged against the judicial acts of RA First Courts (hereinafter Court of First Instance), based on the appeal, in cases and by the order stipulated by RA Civil Procedure Code, except for the acts for which reexamination is not stipulated by the law. 

The following persons have the right to lodge an appeal against the judicial acts of the Courts of First Instance:
- persons participating in the case, the Prosecutor, before the deadline defined for the coming into force of that act (within one month);
- persons who did not participate in the case, on the rights and duties of whom a judicial act deciding the case on merits was administered, within three months from the day about the execution of such a judicial act was known or could be known, except the cases, when twenty years have passed from coming into legal force of the judicial act. 

Appeal against judicial acts deciding the bankruptcy case or bankruptcy issue on merits can be lodged within one month after coming into legal force of that act.
In those exceptional cases when, from the moment of the promulgation of the judicial acts deciding the case on merits, they have been announced as having come into legal force by the judge, appeal against those judicial acts can be lodged within one month after coming into legal force of that act.
The Court can take into proceedings the appeal lodged after the deadlines stipulated by RA Civil Procedure Code, if a petition has been submitted in regard with the missing of the deadline as having good reasons, and it has been satisfied by the Court. 

The appeal lodged against the act deciding the case on merits of the Court of First Instance, which has come into legal force, can be taken for examination in such exceptional cases, in which such fundamental material or procedural right's violations have been made during the previous judicial examination of the case, in the result if which the adopted judicial act distorts the very essence of justice or there are newly emerged or new circumstances. 

The appeal is formed in writing, in which the following must be mentioned:
1) the name of the Court, to which the complaint is addressed;
2) the names (designations) of the person lodging the complaint and persons participating in the case;
3) the name of the Court against the verdict of which the complaint is lodged, the number of the case and the year, month, date of reaching the verdict;
4) note on the violation of the norm of material or procedural right, which has influenced the outcome of the case;
5) justifications of the violations of material or procedural rights’ norms mentioned in the appeal, as well as justifications in regard with their influence on the outcome of the case, or the grounds of reviewing the case as a consequence of the newly emerged or the new circumstances;
6) the demand of the person lodging the complaint;
7) the list of the documents attached to the complaint; 

If the person who lodged the complaint to the Court of First Instance has been deprived of the possibility to express his/her position over the appealed issue, he/she must also state his/her position over the appealed issue in the appeal.
The complaint is signed by the person who lodged the complaint or his/her representative. The authorities of the representative are confirmed by the order established by RA Civil Procedure Code. Copies of the payment of state duty and copies of the complaint, proofs of sending them to the Court, which administered the judicial act and to other persons who participated in the case, are being attached to the complaint. In such cases, when a possibility of postponing or delaying the payment of the state duty or lessening its size is stipulated by the law, then the petition on it is being attached to the appeal or included in the complaint. 

The person who lodged the appeal has the right to withdraw his/her complaint before the Court of Appeal will start the examination of the case. With the ground of not complying with the submitted form and the content of the appeal stipulated by the RA Civil Procedure Code, after returning the appeal for the elimination of the breaches made in the complaint and after receiving the Decision, in case of submitting it again within two weeks, the complaint is considered accepted in the Court. 

The Court of Appeal reviews the judicial act within the frameworks of the grounds and justifications of the appeal.

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