apellatsiooniks

Apellatsiooniks is the act or process of appealing a court decision to a higher court. In many civil law systems, including Estonia, apellatsioon serves as a remedy through which a party can challenge a lower court ruling with the aim of obtaining a review of questions of law, and in some cases questions of fact, by a court of higher authority. The form and scope of the appeal are determined by procedural law and the specifics of the case.

Grounds for appeal commonly include misinterpretation or misapplication of the law, incorrect assessment or highlighting of evidence, procedural errors, or other legal defects affecting the decision. The exact extent of review—whether it covers factual findings, legal interpretation, or both—depends on the jurisdiction and the type of case (civil, criminal, or administrative).

Procedure usually begins with a timely filing of an appeal notice to the appropriate appellate court, including a statement of grounds and necessary documentary records from the lower court. The other party may submit a response. The appellate court then reviews the written submissions and, in many systems, may hear oral argument. In some jurisdictions, stays of enforcement can be granted during the appeal.

Outcomes of an apellatsioon can include upholding the lower court’s decision, reversing or modifying it, or remanding the case for a new hearing or retrial. Appeals are distinct from other remedies such as cassation or reconsideration in jurisdictions where those procedures exist, and they are a central element of post-trial judicial review.