Casalonga UPC rules of procedure
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Rule 253Examination as to formal requirements of the Application for rehearing

1. The Registry shall, as soon as practicable after the lodging of the Application for rehearing, examine whether the requirements of Rules 245 [1], 246 [2] and 250 [3] have been complied with.

2. If the petitioner has not complied with the requirements referred to in paragraph 1, the Registry shall invite the petitioner to:

(a) correct the deficiencies within 14 days; and

(b) where applicable, pay the fee for the rehearing within 14 days.

If the petitioner fails to correct the deficiencies or pay the fee the case shall be assigned to the standing judge by the Registrar (Rule 345.5 and .8) [4] who may reject the Application for rehearing as inadmissible. He shall give the petitioner an opportunity to be heard beforehand.

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[1-
1. An Application for rehearing may be lodged by any party adversely affected by a final decision (hereinafter "the final decision") of the Court of First Instance for which the time for lodging an appeal has expired or of the Court of Appeal (hereinafter "the petitioner").
2. The Application for rehearing shall be lodged at the Court of Appeal within the following periods:
(a). where the Application for rehearing is based on the ground of a fundamental procedural defect, within two months of the discovery of the fundamental defect or of service of the final decision, whichever is the later;
(b). where the Application for rehearing is based on an act which has been held, by a final court decision, to constitute a criminal offence, within two months of the date on which the criminal offence has been so held or service of the final decision, whichever is the later;
(c). but in any event no later than ten years of service of the final decision.

[2-
1. The Application for rehearing shall contain:
(a). the names of the petitioner and of the petitioner’s representative;
(b). postal and electronic addresses for service on the petitioner and the names and addresses of the persons authorised to accept service; and
(c). an indication of the decision to be reviewed.
2. The Application for rehearing shall indicate the reasons for setting aside the final decision, as well as the facts and evidence on which the Application is based.

[3-
The petitioner shall pay the fee for the rehearing, in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis. The Court may waive payment of the fee in the circumstances contemplated by Rule 245.2(a) or (b).

[4-
5. The President of the Court of First Instance or a judge to whom he has delegated this task in a division, the seat of the central division or one of its sections shall designate the judges assigned to each division, the seat of the central division and each of its sections as standing judges for urgent actions. The assignment may be limited to certain periods of time.
8. Paragraphs 1 to 6 shall apply mutatis mutandis to the Court of Appeal; the President of the Court of Appeal exercising the respective functions.