The Essence of Cassation Review
Challenging a decision of the appellate court before the Supreme Court of Georgia — cassation — is not a third factual instance but a special instance controlling the uniform application of law. Under Article 391 of the Code of Civil Procedure, decisions of the appellate court may be challenged by the parties and by third persons with independent claims, within the term established by law, before the cassation court. The complaint must be filed with the court that issued the respective decision. It must conform to the form template approved by the High Council of Justice of Georgia and be drafted in compliance with the rules indicated in that template, in written and, as a rule, typed form. The cassator's positions on the challenged decision must be reflected fully and consistently.
Admissibility Conditions
Cassation is not available in every case. In non-property disputes, a cassation complaint is admissible in disputes connected with freedom of speech and expression. The complaint is admissible if the cassator proves one of the circumstances listed in the article: the case involves a legal problem whose resolution will promote the development of law and uniform court practice; the Supreme Court has not previously decided a similar legal question; a decision different from the existing practice is foreseeable; the appellate decision differs from the Supreme Court's existing practice; the appellate court examined the case with a significant violation of substantive or procedural law that could substantially have affected the outcome; the decision contradicts the European Convention on Human Rights, its additional protocols, or the case law of the European Court of Human Rights; or a second default decision, or a ruling upholding a default decision unchanged, is challenged. The subject value is determined by the extent of the change sought, and where it raises doubt the cassator must credibly confirm it.
Time limits matter as well: the general term for accepting a cassation complaint and issuing the decision in a civil case is 6 months, and in a case on reclaiming an immovable from unlawful possession — 2 months.
Grounds — Violation of Law Only
Under Article 393, a cassation complaint may be founded only on the proposition that the decision was issued in violation of law. The complaint may also cite the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols, and the precedents of the European Court of Human Rights, which in the cassator's view were violated by the challenged decision. Law is considered violated if the court failed to apply a law that should have been applied; applied a law that should not have been applied; or incorrectly interpreted a law — including an interpretation expressed in incompatibility with the precedent law of the European Court of Human Rights. A violation of procedural law becomes a ground for annulment only if it led to a wrong decision in the case.
Content, Defect Cure and Filing Deadline
Under Article 396, the complaint must contain the court's name, the filer's name and address, the precise designation of the challenged decision, the challenged part, its extent, the grounds of the challenge — the motives of cassation — and the demand for annulment or amendment of the decision. Where the complaint rests on procedural violations, the facts and evidence confirming them must be indicated. The list of attachments and the filer's signature are also required, and the complaint may additionally state the decision's incompatibility with the Convention and the European Court's case law. A complaint filed by a representative must be accompanied by a power of attorney if no confirming document exists in the file. Non-compliance with the requirements or non-payment of the state fee leads to a defect-cure term; otherwise the complaint is left unexamined. Within 10 days of receipt, the rapporteur judge checks compliance without a hearing.
The filing deadline is fixed by Article 397: 21 days from the moment the decision is delivered to the party, and this term can be neither extended nor restored. If the person entitled to challenge attended the pronouncement of the decision, the term runs from the moment of pronouncement.
The Admissibility Ruling and the Fee
Under Article 401, admissibility is checked by a collegial composition of the court, which may decide the question without an oral hearing. A reasoned ruling is issued on declaring the complaint inadmissible, containing a reasoned rejection of the grounds invoked by the cassator. The admissibility check must take place within 3 months of receipt and, in a case on reclaiming an immovable from unlawful possession, within 1 month. Where the complaint is declared inadmissible, 70 percent of the state fee paid is returned.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
Within how many days is a cassation complaint filed?
Within 21 days of delivery of the decision to the party. Extension and restoration of the term are impossible.
May facts be re-examined in the Supreme Court?
No. The complaint may rest only on a violation of law; even a procedural violation is a ground only if it led to a wrong decision.
What happens to the fee if the complaint is declared inadmissible?
70 percent of the state fee paid is returned to the person.
How long does the court have to decide admissibility?
The general term for accepting the complaint and issuing the decision is 6 months, and 2 months for reclaiming an immovable from unlawful possession; the admissibility check terms are 3 months and 1 month respectively.
How We Help on Legal.ge
Preparing a cassation complaint is the most demanding procedural task: the admissibility grounds must be precisely substantiated and the legal error pinpointed. On Legal.ge you can consult an experienced advocate who will assess your case's cassation prospects, formulate the arguments and defend your interests before the Supreme Court. Submit a request on the site and get qualified assistance.