recursal

Recursal is a term used in certain civil law systems to refer to an appeal or to the body or process by which such an appeal is heard. The term derives from the root "recurso" (appeal or remedy) and the Latin-derived suffix "-al," yielding an adjective describing matters related to appealing a decision.

Usage varies by jurisdiction. In some systems, recursal describes the category of appeals that can challenge a ruling issued by a trial court, typically directing the case to a higher tribunal such as an appellate court. In others, recursal designates a specialized chamber or section within an appellate court tasked with reviewing certain classes of decisions.

Procedural characteristics also vary. Commonly, a recursal petition must be filed within a fixed deadline accompanied by written arguments and, in some contexts, new evidence or a record of the prior proceedings. Grounds for recursal often include errors of law, misapplication of statutes, procedural violations, or violation of due process. Some jurisdictions require a demonstration of a potentially prejudicial outcome before the appeal proceeds.

Effects of a successful recursal decision typically include reversal, modification, or remand of the lower court ruling. In many systems, the effect may suspend the enforcement of the decision while the appeal is pending; in others, suspension is only granted under specific conditions.

Because the term and its precise procedure are not uniform across jurisdictions, readers should consult the relevant procedural code or case law in their jurisdiction for exact requirements.