Court of Appeals Representation is a comprehensive legal advocacy service aimed at protecting a client's rights in the Tbilisi or Kutaisi Court of Appeals. This instance is often referred to as a "second chance" because, unlike the Supreme Court (Cassation), the case is heard on its merits here — judges review both factual and legal circumstances. However, the appellate process differs significantly from the first instance: the focus here is on critiquing the already delivered judgment rather than starting the case from scratch. Successful representation requires eloquence, the art of debate, and deep knowledge of procedural nuances. Legal.ge offers access to litigators (trial lawyers) who have extensive experience in handling appellate disputes and can effectively present your position during oral hearings.
What Does Appellate Representation Cover?
This service covers the full cycle of proceedings in the second instance:
- Strategy Development: Reviewing case materials and choosing defense tactics (offensive strategy to overturn the decision or defensive to uphold it).
- Procedural Documentation: Filing motions, statements, and supplementary opinions with the court.
- Participation in Oral Hearings: The lawyer's speech at the court hearing, Q&A sessions with judges (appellate cases are often heard by a panel of 3 judges), and debates with the opposing party.
- Examination of Evidence: If necessary (and admissible), presenting and examining new evidence.
- Negotiation: Attempting to settle with the other side in parallel with the appellate proceedings.
Real-World Scenarios Where You Need a Representative
For example, you lost the dispute in the first instance because your previous lawyer did not sufficiently defend the position. In the Court of Appeals, a new lawyer can rectify the situation if they prove that the lower court incorrectly assessed the facts. Another scenario: you won the case, but the opponent appealed. You don't want to risk the achieved result. A qualified representative will attend hearings and protect the judgment from being overturned, persuasively refuting the opponent's appellate claims.
Georgian Legal Framework
Appellate representation is regulated by the "Civil Procedure Code of Georgia". According to the legislation, the Court of Appeals checks the judgment within the scope of the appeal complaint (with rare exceptions). The case is heard by a collegiate panel (3 judges) or a single judge. The process is adversarial. The lawyer must know how to use the "Law on Lawyers" and the Code of Ethics to maximally protect the client's interests. The decision of the Court of Appeals enters into legal force immediately upon announcement (unless appealed via cassation), which increases the importance of this stage.
The Process Step-by-Step
The process begins with signing a power of attorney for a Legal.ge lawyer. Then the lawyer studies the case and prepares an opening statement. A main hearing is scheduled (there may be several). At the hearing, the lawyer delivers a speech, answers judges' questions, and participates in pleadings (closing arguments). The process ends with the announcement of the decision. If the result is unsatisfactory, the lawyer consults you on the prospect of appealing to the Supreme Court.
Why Choose a Specialist on Legal.ge?
You no longer have the right to make mistakes in the Court of Appeals. The process here is faster and more intense. Legal.ge allows you to select lawyers who have a successful track record in the appellate instance. They possess oratorical talent and can convey complex legal arguments in language understandable to judges. Protect your rights with professionals.
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