Litigation and procedure

Appeal to the regional court of appeal

The remedy by which first-instance judgments are re-examined by the regional courts of appeal on both the facts and the law.

All terms

The regional appeal (istinaf) lies against first-instance judgments before the regional courts of appeal. Review is not confined to legality: the regional court may reassess the facts, gather evidence and hold hearings where necessary.

The application is filed with the court that gave the judgment within the statutory period from service. Property claims below the finality threshold, updated annually, are excluded from this remedy. Review is in principle limited to the grounds raised in the brief, though violations of public order are examined of the court's own motion.

The outcome may be dismissal on the merits, annulment of the judgment with a fresh decision, or remittal of the file to the first-instance court. Since the application does not automatically suspend enforcement, the losing party may additionally need to seek postponement of execution.

Statutory basis

  • HMK m.341
  • HMK m.345

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.