Supreme Court Appeals (Cassation Complaint) represent the final stage of justice in Georgia. The Supreme Court of Georgia is not a fact-finding court — it only verifies whether the Appellate Court correctly interpreted and applied the law. Cassation proceedings are an extremely complex and highly specific process. The majority of complaints (statistically over 90%) are not admitted for consideration at all because they do not meet the "admissibility criteria." Therefore, the involvement of a qualified lawyer at this stage is not just desirable, but essential. Litigating in the Supreme Court requires top-tier academic knowledge, deep analysis of case law, and exceptional argumentation skills. Legal.ge offers access to elite lawyers who have successful experience working with the Supreme Court.
What Does Cassation Appeal Service Cover?
This service focuses on two main stages: justifying admissibility and legal argumentation.
- Justification of Admissibility: According to Article 391 of the Civil Procedure Code, the lawyer must prove that the case is important for the development of law, or that the Appellate Court grossly violated procedure.
- Drafting the Cassation Complaint: Creating a high-level legal document focusing on the interpretation of the law rather than facts.
- Case Law Research: Analyzing existing Supreme Court practice and demonstrating that the Appellate Court's decision contradicts this practice.
- Representation: In rare cases where the Supreme Court schedules an oral hearing, participating in the session.
- Using ECHR (Strasbourg) Practice: Strengthening arguments with international standards of human rights.
Real-World Scenarios Where You Need a Cassation Appeal
For example, the Appellate Court made a decision that contradicts the Supreme Court's previously established practice on a similar case. This is a strong ground for appeal. Your lawyer must precisely point out this inconsistency. Or, the case involves a legal issue that has not yet been resolved in case law and requires interpretation (the so-called "development of law" criterion). In such cases, the Supreme Court will be interested in the case. Another instance is when the Appellate Court conducted the case in a way that denied you the opportunity to present evidence, thereby violating the adversarial principle.
Georgian Legal Framework
Cassation proceedings are regulated by Articles 391-413 of the "Civil Procedure Code of Georgia". The law strictly states that the Cassation Court does not establish facts. Its function is solely to interpret the law and check adherence to procedural norms. The deadline for filing a complaint is 21 days from the handover of the appellate decision. The state duty is 5% of the dispute value (subject to a maximum cap). The biggest hurdle is Article 391, which lists the admissibility criteria. If the complaint does not meet these criteria, the court will not consider it, which is final and not subject to appeal.
The Process Step-by-Step
1. Analysis: A Legal.ge specialist evaluates whether the case meets the admissibility criteria (so you don't pay fees in vain). 2. Preparation: The cassation complaint is written, which is a purely legal treatise. 3. Submission: The complaint is submitted to the Chancellery of the Appellate Court. 4. Admissibility Stage: The Supreme Court decides within about 3-6 months whether to admit the case. 5. Review: If the case is admitted, the court reviews it (mostly without an oral hearing) and makes a final decision.
Why Choose a Specialist on Legal.ge?
Winning a case in the Supreme Court is "top-tier piloting." Ordinary legal services are not enough here. You need a lawyer who can think at the level of a judge and knows how to create a precedent. Legal.ge connects you with exactly such high-qualification professionals to utilize this final chance for achieving justice.
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