Article 151 of Code of Civil Procedure

The court shall first determine the admissibility of the petition. If it admits it, it shall schedule a hearing for argument on the merits without the need for fresh service. However, it may rule on the admissibility of the petition and on the merits in a single judgment if the parties have submitted their claims on the merits before it. The court shall reconsider only the claims addressed by the petition. If the petition is ruled admissible, enforcement of the judgment shall thereby be temporarily stayed by operation of law until the court determines the merits of the action. The stay of enforcement shall extend to enforcement measures taken by the judgment creditor from the date the petition was filed. No petition for reconsideration may be filed against the judgment dismissing the petition or the judgment on the merits of the action after its admission. Chapter Four Appeal by Cassation Article 152 (2) The parties may appeal by cassation against judgments rendered by the Court of Appeal if the value of the action exceeds thirty thousand dinars ) or is unquantified, in the following cases: a - If the challenged judgment is based on a violation of the law or an error in its application or interpretation. (1) The second paragraph was amended pursuant to Decree-Law No. 133 of 2025 (2) Replaced by Decree No. 6 of 2025 Law Index 634 Home Page Code of Procedure Decree-Law No. 38 of 1980 Promulgating the Code of Civil and Commercial Procedure b - If there is a nullity in the judgment or a nullity in the proceedings that affected the judgment. The parties may also appeal by cassation against any final judgment, regardless of the court that rendered it, which determined a dispute contrary to another judgment previously rendered between the same parties and having acquired the force of res judicata. Article 153 (1) The time limit for an appeal by cassation shall be sixty days. It shall be brought by a petition deposited with the registry of the Court of Cassation or of the court that rendered the challenged judgment, signed by a lawyer. In addition to particulars relating to the parties' names, capacities, domiciles and places of business, the petition shall identify the challenged judgment and its date and state the grounds on which the appeal is based and the appellant's requests. If the appeal is not brought in this manner, it shall be void, and the court shall rule of its own motion that it is void. No ground of appeal other than those stated in the petition may be invoked. Nevertheless, grounds based on public policy may be invoked at any time and shall be considered by the court of its own motion. The appellant must deposit, upon filing the appeal, as security, two hundred and fifty dinars if the challenged judgment was rendered by a Summary Court or the Court of First Instance, and five hundred dinars if it was rendered by the Court of Appeal. The registry shall not accept the appeal petition unless accompanied by proof of deposit of the security. A single security deposit shall suffice where there are multiple appellants filing their appeal in a single petition, even if the grounds of appeal differ. The Government shall be exempt from depositing this security, as shall persons exempt from judicial fees. The security shall be forfeited by operation of law whenever the appeal is ruled inadmissible, impermissible, lapsed, void or dismissed. The appellant must also deposit with the registry, when filing the petition, copies thereof equal to the number of respondents and a copy for the registry. He must also deposit at the same time: a - An official copy or the served copy of the challenged judgment, and an official copy of the first-instance judgment if the challenged judgment referred to it in its reasons; otherwise, the appeal shall be ruled inadmissible. b - The documents supporting the appeal. The court registry shall provide any party wishing it with the copies of judgments, documents or papers that he requests, endorsed with the words 'Copy for submission to the Court of Cassation'. The Court of Cassation may order the case file in which the challenged judgment was rendered to be joined. If the appeal petition was deposited with the registry of the court that rendered the judgment, its registry must send all appeal papers to the Court of Cassation on the day following deposit of the petition. If the appellant considers that there are grounds to request a temporary stay of enforcement of the challenged judgment, he must include it in the appeal petition. The registry shall notify the Cassation Prosecution to give its opinion on the request in writing within three days or orally at the hearing. The appellant must serve his opponent with notice of the hearing and the appeal petition. The court may deem the request never to have existed if (1) Replaced by Decree No. 6 of 2025 Law Index 635 Home Page Code of Procedure Decree-Law No. 38 of 1980 Promulgating the Code of Civil and Commercial Procedure the opponent is not served with notice of the scheduled hearing and this is attributable to the appellant's act. If the court orders a stay of enforcement, it must schedule a hearing to consider the appeal before it within a period not exceeding six months and refer the appeal file to the Prosecution to deposit a memorandum of its opinion within the period it specifies for it. Article 154 (1) The registry shall register the appeal on the day the petition and its attachments are submitted in the register prepared for that purpose. No later than the following day, it must deliver the original petition, its copies and the