Casalonga UPC rules of procedure
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Rule 222Subject-matter of the proceedings before the Court of Appeal

1. Requests, facts, evidence and arguments submitted by the parties under Rules 221, [1] 225, [2] 226, [3] 236 [4] and 238 [5] shall, subject to paragraph 2, constitute the subject-matter of the proceedings before the Court of Appeal. The Court of Appeal shall consult the file of the proceedings before the Court of First Instance.

2. Requests, facts and evidence which have not been submitted by a party during proceedings before the Court of First Instance may be disregarded by the Court of Appeal. When exercising discretion, the Court shall in particular take into account:

(a) whether a party seeking to lodge new submissions is able to justify that the new submissions could not reasonably have been made during proceedings before the Court of First Instance;

(b) the relevance of the new
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[1-
1. A party adversely affected by a decision referred to in Rule 157 may lodge an Application for leave to appeal to the Court of Appeal within 15 days of service of the decision of the Court.
2. The Application for leave to appeal shall set out:
(a) the reasons why the appeal should be heard;
(b) where necessary, the facts, evidence and arguments relied on.
3. The Application for leave to appeal shall be assigned to the standing judge (Rule 345.5 and .8) who shall decide on granting leave to appeal.
4. If leave to appeal a cost decision is granted the standing judge shall decide the appeal.

[2-
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 authorized 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.

[3-
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

[4-
1. The Statement of response shall contain:
(a). the names of the respondent and the respondent’s representative;
(b). postal and electronic addresses for service on the respondent and the names and addresses of the persons authorized to accept service;
(c). the action number of the appeal file; and
(d). a response to the grounds of appeal.
2. The respondent may support the decision of the Court of First Instance on grounds other than those given in the decision.

[5-
1. The appellant may, within two months of service of any Statement of cross-appeal under Rules 237, 235.1, lodge a Reply to the Statement of cross-appeal which shall contain a response to the grounds of appeal raised in the Statement of cross-appeal.
2. The appellant may, within 15 days of service of the Statement of cross-appeal under Rules 237 and 235.2, lodge a Reply to the Statement of cross-appeal which shall contain a response to the grounds of appeal raised in the Statement of cross-appeal.
3. Rule 28 shall apply mutatis mutandis.