Why the Appellate Complaint Decides the Appeal
For a party dissatisfied with a first-instance decision, the appellate complaint is the only route to have the case re-examined by a second-instance court. At the same time, the complaint is a strictly formalised procedural document: its content, filing deadline and admissibility requirements are laid down directly by the Georgian Code of Civil Procedure, and breaching any of them leads to the complaint being left unexamined, while missing the deadline means the final loss of the right to appeal. Drafting the complaint therefore demands precision, well-structured argumentation and strict observance of procedural deadlines.
This page explains where and how the complaint is filed, what it must contain, within what term, and what examination the appellate court performs on admissibility.
Where and How the Complaint Is Filed
Under Article 367 of the Code of Civil Procedure, the appellate complaint must be filed with the court that issued the decision. The complaint is addressed to the first-instance court, which forwards it to the higher instance — it is not filed directly with the appellate court. The same article requires the complaint to meet the requirements established for procedural submissions by other provisions of the Code, and disregarding those requirements counts as a formal defect of the complaint.
Mandatory Content of the Complaint
Article 368 of the Code lists the elements an appellate complaint must contain:
- the name of the court to which the complaint is addressed;
- the name and address of the person filing the complaint;
- the precise designation of the challenged decision and the court that issued it;
- an indication of which part of the decision is challenged;
- an explanation of why the decision is wrong and what exactly the filer demands;
- the circumstances justifying the complaint and the evidence confirming them;
- the list of written materials attached to the complaint;
- an indication of whether the filer wishes the case to be examined without an oral hearing;
- an indication of whether the filer wishes the dispute to be resolved through mediation.
The complaint is signed by the filer or a representative. Where it is filed by a representative and no document confirming authority exists in the case file, a power of attorney confirming the representative's authority to file must be attached. The complaint and any additionally submitted materials are presented to the court with as many copies as there are participants in the case. The complaint may also state that the challenged decision is incompatible with the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols and with the case law of the European Court of Human Rights on a similar legal question — a possibility that materially strengthens the argumentation.
If the complaint fails to meet these requirements or the state fee is unpaid, the court orders the filer to cure the defect within an appointed term; failing that, the complaint will not be accepted. Notice of a formal defect may also be given to the parties by telephone, and in that case the ruling on the defect is deemed served on the day the telephone notice was made. The term appointed for curing a defect may be extended only at the parties' request.