Θεσμοί Πολιτικής Δικονόμίας

2. Subject and without prejudice to the power of the Court of Appeal under Order 57, Rule 2, no appeal from any interlocutory order, or from an order, whether final or interlocutory, in any matter not being an action, shall be brought after the expiration of fourteen days, and no other appeal shall be brought after the expiration of six weeks, unless the Court or Judge, at the time of making the order or at any time subsequently, or the Court of Appeal shall enlarge the time. The said respective periods shall be calculated from the time that the judgment or order becomes binding on the intending appellant, or in the case of the refusal of an application, from the date of such refusal. Such deposit or other security for the costs to be occasioned by any appeal shall be made or given as may be directed under special circumstances by the Court of Appeal.

[Δ.Κ. 14.10.1965] Νοείται ότι οσάκις το Δικαστήριο ή ο Δικαστής δεν θα έχωσιν εκδώσει την ητιολογημένην απόφασην των εντός εξ μηνών μετά την υπό του τοιούτου Δικαστηρίου ή Δικαστού επιφύλαξιν της τοιαύτης αποφάσεως, οιοσδήποτε ενδιαφερόμενος διάδικος θα δύναται να αποταθή εις το Ανώτατον Δικαστήριον δι' έκδοσιν οδηγιών ή οιουδήποτε διατάγματος το οποίον θα, εδικαιολογείτο υπό των περιστάσεων, συμπεριλαμβανομένου και διατάγματος περί επανακροάσεως της υποθέσεως υπό άλλου αρμοδίου Δικαστηρίου ή Δικαστού, ως το Ανώτατον Δικαστήριον ήθελε θεωρήσει εύλογον.

[Δ.Κ. 24.2.1995] 4. The appellant may, by his notice, appeal from the whole or any part of any judgment or order, and the notice shall state whether the whole or part only of the judgment or order is complained of, and in the latter case shall specify such part. The notice shall also state all the grounds of appeal and set forth fully the reasons relied upon for the grounds stated. [Added by: Δ.Κ. 24.2.1995:] Κάθε λόγος έφεσης θα καταγράφεται σε ξεχωριστή παράγραφο. Μετά από κάθε λόγο έφεσης θα καταγράφεται ξεχωριστά η αιτιολογία του. Any notice of appeal may be amended at any time as the Court of Appeal may think fit.

5. The notice of appeal shall , within the appropriate period prescribed by Rule 2 of this Order, be served together with an office copy of the judgment or order appealed from upon all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected; but the Court of Appeal may direct notice of the appeal to be served on all or any parties to the action or other proceeding, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.

6. (1) Any party or person affected by the appeal may apply to the Registrar of the Court of Appeal to fix a day for hearing and to prepare copies of the file of the proceedings (or, in the case of an appeal from the decision of the President of a District Court sitting on appeal, of the record of appeal) and documents put in evidence; and, subject to the provisions of part (2), the Registrar shall prepare copies of such part of the said file (or record) and documents as he may think necessary for the use of the Court of Appeal.

(2) The said Registrar shall require the party or person applying for copies to deposit such sum as the said Registrar may think necessary to cover the cost of the copies, and when the copies are ready shall demand from such party or person any unpaid balance of the cost, or return to him any surplus remaining over, and such balance shall be paid within a week from the date of the demand; and upon such balance being paid the appeal shall be fixed for hearing. The party or person or advocate applying for the copies shall be liable for any unpaid balance of the costs thereof, and payment thereof may be enforced by order of the President of the Court of Appeal upon application made by the Registrar.

(3) If the party or person applying for copies omit to pay the balance within a week from the date of the demand, the Registrar shall bring the matter to the notice of the President of the Court of Appeal, who may direct the appeal to be struck out or make such other directions as he may deem fit. Any appeal which is struck out under this provision may, if the Court of Appeal so deems fit, be reinstated on such terms as may be just.

7. (1) The date to be fixed by the Registrar shall be, in the case of an appeal from any judgment (whether final or interlocutory) or final order, not less than fourteen days, and in the case of an appeal from any interlocutory order, not less than eight days, from the day on which he fixes the date for hearing; and the person at whose instance the date for hearing is fixed shall give in the case of an appeal from a judgment (whether final or interlocutory) or from a final order not less than ten days' notice of such date to those affected by the appeal, and not less than four days' notice in the case of an appeal from an interlocutory order. The above times may be varied suo motu or upon an ex parte application by order of the President of the Court of Appeal, an office copy of which shall he served with the notice of the day fixed.

(2) When evidence is to be heard before the President of a District Court on the hearing of an appeal pursuant to section 18 (2) of the Courts of Justice Law, Cap. 11, notice of the fact that evidence is so to be heard shall be given to the other parties to the appeal not less than ten days before the day fixed for the hearing of the appeal. This time may be varied suo motu or upon an ex parte application by order of the said President, an office copy of which shall be served with the notice of the day fixed.

8. The Court of Appeal shall have all the powers and duties as to amendment and otherwise of the Trial Court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon appeals from a judgment after trial or hearing of any cause or matter upon the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Court. The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require. The powers aforesaid may be exercised by the said Court notwithstanding that the notice of appeal may be that a part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. The Court of Appeal shall have power to make such order as to the whole or any part of the costs of the appeal as may be just.

9. If upon the hearing of an appeal it appears to the Court of Appeal that a new trial ought to be had, it shall be lawful for the said Court, if it shall think fit, to order that the decision appealed from shall be set aside either wholly or in part and that a new trial shall be had either generally or in regard to a particular issue or matter.

10. It shall not under any circumstances be necessary for a respondent to make a cross-appeal; but if he intends upon the hearing of the appeal to contend that the decision of the Court below should be varied, he shall give a written notice of his intention, specifying in what respects he contends that the decision should be varied, to any parties or person who may be affected by his contention, and to the Registrar of the Court of Appeal. Such notice shall set forth fully the respondent's grounds and reasons therefor for seeking to have the decision varied on appeal. The notice given to the Registrar shall be filed by him with the record of the appeal. The notice required by this Rule shall be not less than a six days' notice in the case of an appeal from a judgment (whether final or interlocutory) or final order, and not less than a two days' notice in the case of an appeal from an interlocutory order; but these times may be varied by order of the President of the Court of Appeal, an office copy of which shall be served with the notice aforesaid. The omission to give such notice shall not diminish the powers conferred by Rule 8 of this Order upon the Court of Appeal, but may, in the discretion of the Court, be ground for an adjournment of the appeal, or for a special order as to costs.

(2) Where the appeal is only from part of a judgment or order, the hearing shall be confined to that part. Further, the hearing shall be confined to the grounds stated and the reasons set forth in the notice of appeal. But these provisions shall be subject to the discretion of the Court of Appeal.

17. Where an ex parte application has been refused by the Court below, an appeal shall lie to the Court of Appeal. Such appeal shall be brought within four days from the date of the refusal of the Court below, or within such enlarged time as a Judge of the Court below or of the Court of Appeal may allow, and the provisions relating to appeals from interlocutory orders shall apply.

18. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from except so far as the Court appealed from or the Court of Appeal, or a Judge of either Court, may order; and no intermediate act or proceeding shall be invalidated, except so far as the Court appealed from may direct. Before any order staying execution is entered, the person obtaining the order shall furnish such security (if any) as may have been directed. If the security is to be given by means of a bond, the bond shall be made to the party in whose favour the decision under appeal was given.

20. An appeal from a decision solely on the ground of a wrong direction in regard to costs, or from an order made on taxation or review of taxation, shall not be entertained except with the leave of the Court of Appeal or a Judge thereof, which shall not be given unless it is made to appear that the direction or order is contrary to the provisions of any law or Rule, or is based on a misconception of fact, or directs any party to pay costs incurred or occasioned, without sufficient reason, by another party.

21. If the appellant does not, within one month of lodging his notice of appeal, apply for copies and make a deposit as provided in Rule 6 of this Order, the appeal may be dismissed on the application of any party. Such application may be made ex parte, but the Court of Appeal may direct notice to be given to such of the other parties or persons affected by the appeal as it may deem fit.

24. When an appeal before the Supreme Court is concluded or stands dismissed under Rule 22 of this Order, the Chief Registrar shall return to the Registrar of the District Court appealed from the file of proceedings or record of appeal, as the case may be, with an endorsement giving the concise effect of the Supreme Court's decision or stating that the appeal so stands dismissed.

27. (1) The foregoing provisions in this Order shall also apply to appeals brought with leave under the proviso to section 18 (1) or under section 18 (3) of the Courts of Justice Law, Cap. 11, with this modification, namely, that an office copy of the, order granting leave shall, within the prescribed time, be filed with the notice of appeal and served therewith.

(2) An application for leave to appeal may be made ex parte without affidavit. The application may be made orally to the Magistrate or the President of the District Court, as the case may be, immediately after he pronounces the decision which it is desired to appeal from. If made later, it shall be made in writing and shall state all the points of law on which leave to appeal is sought and the reasons relied upon for the points stated.

29. (1) The appellant may at any time abandon his appeal with the respondent's written consent by giving notice to that effect in writing to the Registrar of the Court of Appeal bearing, or accompanied by, such consent, and thereupon the appeal shall stand dismissed , and any notice given by the respondent under Rule 10 of this Order be deemed abandoned.

(2) The appellant may at any time before the appeal is fixed for hearing abandon it by giving notice to that effect in writing to the said Registrar and to the respondent. In such a case the appeal shall stand dismissed and the respondent shall be entitled to tax in his favour any costs reasonably incurred by him up to the receipt of such notice. Further, abandonment of an appeal under this Rule shall not preclude the hearing of any contention by the respondent that the decision of the Court below should be varied; but if the respondent has not already given notice under Rule 10 of this Order, he shall do so within fifteen days of his receiving the appellant's notice of abandonment and take all the necessary steps for a hearing within that time, otherwise he shall be precluded from proceeding.

(3) If after an appeal is fixed for hearing the appellant wishes to abandon his appeal he may do so by giving notice in writing to the respondent and to the said Registrar, and a Judge of the Court may strike out the appeal on such terms as he thinks fit. The provisions of paragraph (2) of this Rule in regard to notice under Rule 10 of this Order shall apply.

30. Parties who are not under any disability may by consent in writing, signed by themselves in the presence of a Registrar and filed, exclude their rights of appeal or limit them to a particular issue, or portion of the proceedings, or points of law only, and in such a case their rights shall in the absence of fraud be excluded or limited accordingly. And the next friends, guardians, or guardians ad litem of parties who are under any disability may so consent with the leave of the Court of Appeal.

31. An appeal shall not be brought by a prodigal having a guardian under the Guardianship of Infants and Prodigals Law, Cap. 102, unless the notice of appeal is endorsed by a statement signed by such guardian in the presence of a Registrar or certifying officer to the effect that the appeal is being brought with his advice and consent. If a notice of appeal is filed contrary to this Rule, a Judge of the Court appealed from or of the Court of Appeal may order all proceedings under such notice to be stayed until this Rule is complied with, and upon proof of its having been complied with any such Judge may order the stay to be removed.