allappello

All'appello is a term used in Italian law to denote the appellate stage of litigation, by which a decision issued by a court of first instance may be challenged before a higher court, typically the Corte d'Appello (Court of Appeal). The phrase appears in civil and criminal contexts and is part of the broader Italian hierarchical system of courts, which also includes the Corte di Cassazione (Court of Cassation) for challenges on points of law.

The all'appello stage centers on reviewing the lower court's ruling. Grounds for appeal commonly include errors of law, misinterpretation of evidence, or procedural irregularities. The appellate court generally examines the record from the first instance and, depending on the jurisdiction, may or may not re-evaluate factual findings. Its task is to determine whether the lower court correctly applied the law and followed proper procedures, and it can affirm, overturn, or modify the decision. In some systems, new evidence may be admitted only under specific conditions and within defined limits.

Procedure and outcomes: When a decision is appealed, the Corte d'Appello may remand the case for further proceedings or issue a new ruling. Decisions from the Corte d'Appello can themselves be subject to further review by the Corte di Cassazione, on questions of law rather than fact. The exact procedures, time limits, and permissible grounds for all'appello are governed by the applicable codes (civil or criminal) and vary by jurisdiction and case type.

Significance: All'appello is a central mechanism in the Italian legal framework for correcting errors and ensuring consistent application of the law. It operates alongside other remedies and distinguishes between civil and criminal processes, reflecting the structure of the Italian judiciary.