Casalonga UPC rules of procedure
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Rule 237Statement of cross-appeal

1. A party who has not lodged a Statement of appeal within the period referred to in Rule 224.1 [1] may still bring an appeal by way of cross-appeal within the period referred to in Rule 235 [2] if one of the other parties has lodged a Statement of appeal.

2. A Statement of cross-appeal shall be included in the Statement of response. It shall comply with the requirements of Rules 225 [3] and 226. [4]
Rules 229 [5], 233 [6] and 234 [7] shall apply mutatis mutandis to the Statement of cross-appeal.

3. A Statement of cross-appeal shall not be admissible in any other way or at any other time.

4. A cross-appeal shall be treated as an appeal as far as the fee for the appeal is concerned. Rule 228. [8]

5. If the Statement of appeal is withdrawn, any Statement of cross-appeal shall be deemed t
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[1-
1. A Statement of appeal shall be lodged by the appellant:
(a)within two months of service of a decision referred to in Rule 220.1(a) and (b); or
(b) within 15 days of service of an order referred to in Rule 220.1(c) or a decision referred to in Rule 220.2 or 221.3.

[2-
1. Within three months of service of the Statement of grounds of appeal pursuant to Rule 224.2(a), any other party to proceedings before the Court of First Instance (hereinafter "respondent") may lodge a Statement of response, which shall be served on the appellant.
2. Within 15 days of service of grounds of appeal pursuant to Rule 224.2(b), any other party to proceedings before the Court of First Instance (hereinafter "respondent") may lodge a Statement of response, which shall be served on the appellant.
3. If the respondent fails to lodge a Statement of response, the Court of Appeal may give a reasoned decision.

[3-
The Statement of appeal shall contain:
(a)the names of the appellant and of the appellant’s representative;
(b)the names of the respondent and of the respondent’s representative;
(c)postal and electronic addresses for service on the appellant and on the respondent, as well as the names of the persons authorised to accept service;
(d)the date of the decision or order appealed against and the action number attributed to the file in proceedings before the Court of First Instance; and
(e)the order or remedy sought by the appellant, including any order for expedition of the appeal pursuant to Rule 9.3(b) and the reasons justifying such order for expedition.

[4-
The Statement of grounds of appeal shall contain:
(a)an indication of which parts of the decision or order are contested;
(b)the reasons for setting aside the contested decision or order; and
(c)an indication of the facts and evidence on which the appeal is based in accordance with Rule 222.1 and .2.

[5-
1. The Registry shall, as soon as practicable after the lodging of the Statement of appeal, examine whether the requirements of Rules 224.1, 225, 227 and 228 have been complied with.
2. If the appellant has not complied with the requirements referred to in Rules 225, 227 or 228, the Registry shall invite the appellant to:
(c) correct the deficiencies within 14 days of service of such notification; and
(d) where applicable, pay the fee for the appeal within said 14 days.
3. The Registry shall at the same time inform the appellant that if the appellant fails to correct the deficiencies or to pay the fee within the time stated, a decision by default may be given in accordance with Rule 357.
4. If the appellant has not met the requirements of Rules 225, 227 and 228 and fails to correct the deficiencies or pay the fee the Registry shall inform the President of the Court of Appeal who shall reject the appeal as inadmissible by a decision by default. He may give the appellant an opportunity to be heard beforehand.
5. If the appellant has not met the requirements of Rule 224.1, the Registry shall inform the President of the Court of Appeal who shall reject the appeal as inadmissible. He may give the appellant an opportunity to be heard beforehand.

[6-
1. The judge-rapporteur shall examine whether the Statement of grounds of appeal satisfies the requirements of Rule 226.
2. If the Statement of grounds of appeal does not comply with the requirements of Rule 226, the judge-rapporteur shall give the appellant leave to amend the Statement of grounds of appeal within such period as he may decide. If the appellant fails to amend the Statement within such period the judge-rapporteur may reject the appeal as inadmissible. He shall give the appellant an opportunity to be heard beforehand.
Grounds of appeal which are not raised within the period specified for the Statement of grounds of appeal in Rule 224.2 shall not be admissible.

[7-
1. The appellant may challenge a decision to reject the appeal as inadmissible under Rules 224.1 or 233.2 within one month of service of the decision, without providing new grounds of appeal.
2. The action shall be assigned to a panel according to Rule 345.3 and .8.
3. If a decision to reject an appeal as inadmissible is set aside, the appeal shall take its normal course.

[8-
The appellant shall pay the fixed fee and, where applicable, the value based fee for the appeal in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.