Administrative Appeal and Appeal for Redress in Legal Proceedings

Administrative Appeal

Replacement may be appealed in the following resolutions:

• Measures of management and inconclusive decrees issued by the Clerk, except in cases where the law provides for direct appeal review.
• Autos orders and non-definitive replacements may be brought before the same court that issued the original decision.

This is a non-returnable resource: the same body (or Court Clerk) that issued the contested decision will review it.

Features:

• The filing of an administrative appeal does not prevent the agreement in the contested decision from taking effect. If the action is estimated, it will quash the decision and be made ​​according to it.
• The application for reconsideration is resolved by Order of the Court or by decree of the clerk.
• Except where appropriate on the appeal, against the order to resolve the administrative appeal, no further appeal is possible.
• Against the decree to resolve the administrative appeal, there will be no appeal.

Procedure

Must be in writing and will feature the following acts:

Interposition

Be filed in writing within 5 days of notification of the decision that is going to be appealed, stating the relevant procedural violation.

Failure to meet the requirements, the Court will not admit it by Providence, which can be appealed, or by decree of the Secretary, actionable under review by the court hearing the case.

Audience

Once the application for reconsideration is accepted, the other parties are granted a common term of 5 days to contest the action, if deemed appropriate.

Decision

After the period of challenge, whether or not letters of objection have been submitted, the Court or the Clerk will resolve by Auto Ordinance, within 5 days.

Against the decree to resolve the administrative appeal, there will be no appeal.

Appeal for Redress

Devolution is a resource that stands against the orders in which the Court refused the case:

• Of an appeal
• An action for breach of procedure
• Or an appeal

Therefore, the petition is incidental as there is no appeal alone, but it depends on the acceptance or rejection of another resource that is the principal.

Preparation

You must first file an administrative appeal, then prepare the petition asking the judge:

• To reform the Order denying the earlier action.
• If ultimately not reformed, give testimony of two resolutions: the replacement resorted to Auto and Auto that resolves this.

If the Court refuses to reform, it will provide testimony within 5 days, leaving open the filing of the petition in error. On the other hand, in case you do not meet the deadlines and requirements for the filing of the appeal, the judge will not admit this resource, so appealed, it will not fit a subsequent complaint appeal.

Filing:

Within 10 days after delivery of the testimony, the petition may be filed in the court that has jurisdiction to decide the Appeal whose application is denied. It must be filed in writing with appropriate reasoning in which:

• The Tribunal comes to appreciate the reasons why the lower court declared the appeal inadmissible and the reasons given for admission by the appellant.
• The defendant (the party) has no chance to oppose the petition in error.

Decision:

The Court shall decide the petition in error by Auto and make or dropped, if you think it's OK that the appeal proceedings were denied before, or estimating the complaint, if you think it's wrong that the appeals procedure was rejected, thus ordering the lower court that supports the use of evil is denied.