Chapter Four CHOMTOAH APPEAL
301. (Method for making Chomtoah appeal)
1. A Chomtoah appeal shall be brought by filing a written Chomtoah appeal with the
original court. In such a case, the original court shall promptly send the written
Chomtoah appeal and the record of the case to the Chomtoah appellate court.
2. Where a written Chomtoah appeal does not contain specific grounds for the reversal
or amendment of the original ruling, the Chomtoah appellant shall, within two
weeks of the filing of the Chomtoah appeal, submit a written document stating such
grounds to the Chomtoah appellate court.
302. (Appeal of ruling by assigned panel member judge or assigned non-member
judge)
1. A party who objects to a ruling issued by an assigned panel member judge or an
assigned non-member judge may raise such objection before the court in which the
suit is pending if it would be possible to make a Chomtoah appeal against the ruling
if such ruling were a ruling of the court in which the suit is pending. However,
where the court in which the suit is pending is the Supreme Court or an Uttor
appellate Court, the objection may be raised before such court only if a Chomtoah
appeal could be made if the ruling were issued by a court of first instance.
2. A Chomtoah appeal may be made against a ruling on the objection described in
Paragraph 1.
303. (Period for Chomtoah appeal)
1. A Chomtoah appeal must be filed within one week from the date of receipt of
notice of the ruling.
2. The period prescribed in Paragraph 1 may not be extended.
304. (Mutatis mutandis application of provisions pertaining to Uttor appeal or
Satuk appeal)
1. The provisions of law pertaining to Uttor appeals shall apply mutatis mutandis to
Chomtoah appeals against rulings of courts of first instance and to the procedures
followed in Chomtoah appellate courts, except to the extent that such provisions are
inconsistent with nature of such appeals or procedures.
2. The provisions of law pertaining to Satuk appeals and the procedures followed in
Satuk appellate courts shall apply mutatis mutandis to Chomtoah appeals from
rulings of the Uttor appellate court acting as the court of first instance and to the
procedures followed in connection therewith, except to the extent that such
provisions are inconsistent with such appeals or procedures.
305. (Stay of effect of original ruling)
1. A Chomtoah appeal shall have the effect of staying the effect of the original ruling.
2. The Chomtoah appellate court, or the court that issued the original ruling, may stay
the execution of the ruling or order any other necessary disposition until a ruling is
made on the Chomtoah appeal.
306. (Optional nature of oral argument; examinations in lieu of oral argument)
1. A Chomtoah decision may be made without oral argument.
2. Where no oral argument is to be conducted, the Chomtoah appellate court may
examine of the Chomtoah appellant or any other interested person.
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