Chapter Two UTTOR APPEAL
260. (Judgments subject to Uttor appeal, etc.)
1. An Uttor appeal may be made against a final judgment issued by a court of the
first instance, except in the following situations:
(a) where, following the entry of final judgment, the parties have agreed not to
make an Uttor appeal and have agreed to reserve the right to make a Satuk
appeal; or
(b) where a final judgment has been entered in a civil or commercial case and
the amount at stake does not exceed 5,000,000 riels.
2. The agreement described in subparagraph (a), Paragraph 1 is ineffective unless it
is in writing.
261. (Restrictions on Uttor appeal against a decision regarding imposition of
litigation costs)
An independent Uttor appeal may not be made against a decision regarding the
imposition of litigation costs.
262. (Decisions subject to appellate review)
Any and all [interlocutory] decisions issued prior to a final judgment shall be subject to
the adjudication of the Uttor appellate court. However, this shall not apply to decisions
as to which no objection may be made, or to decisions as to which an objection may be
made only by means of a Chomtoah appeal.
263. (Waiver of right of Uttor appeal)
1. The parties may waive the right to make an Uttor appeal.
2. A statement waiving the right to make an Uttor appeal in accordance with
Paragraph 1 that is made after the Uttor appeal has been filed must be made
together with the discontinuance of the Uttor appeal.
264. (Time for filing Uttor appeal)
1. An Uttor appeal must be filed within one month from the date that service of the
written judgment was received or the date that a ruling denying or dismissing
[without prejudice] a motion to set aside a default judgment became final and
binding. However, this shall not hinder the validity of an Uttor appeal filed before
the commencement of this period.
2. The period described in Paragraph 1 may not be extended.
265. (Method of filing Uttor appeal)
1. An Uttor appeal shall be made by filing a written Uttor appeal with the original
court. In this case, the original court shall promptly send the written Uttor appeal
and the record of the case to the Uttor appellate court.
2. The written Uttor appeal shall contain the following matters:
(a) the names and addresses of the parties and of their legal representatives; and
(b) an indication of the judgment of the court of first instance and a statement
indicating that an Uttor appeal is being filed with regard to such judgment.
3. If the written Uttor appeal does not include specific grounds for the reversal or
amendment of the judgment of the court of first instance, the Uttor appellant must
make efforts to file with the Uttor appellate court a written document containing
such grounds within thirty days of the filing of the Uttor appeal.
266. (Uttor appellate court's right to review written Uttor appeal)
1. Where a written Uttor appeal contravenes the provisions of Paragraph 2 of Article
265 (Method of filing Uttor appeal), the Uttor appellate court shall order that the
defects therein be remedied, and shall fix an appropriate period of time in which to
do so. This shall also apply where the filing fee for an Uttor appeal is not paid in
accordance with the provisions of Paragraph 4 of Article 61 (Filing fee).
2. In the situation described in Paragraph 1, where the Uttor appellant fails to remedy
the defects in the appeal, the court shall issue a ruling ordering that the Uttor
appeal be dismissed [without prejudice].
3. A Chomtoah appeal may be made against the ruling described in Paragraph 2.
267. (Service of Uttor appeal)
1. A written Uttor appeal must be served on the Uttor appellee.
2. The provisions of Article 266 (Uttor appellate court's right to review written Uttor
appeal) shall apply mutatis mutandis to cases in which the written Uttor appeal
cannot be served, including cases where costs necessary for the service of the
written Uttor appeal were not paid.
268. (Dismissal of Uttor appeal without oral argument)
Where an Uttor appeal is unlawful and the defects cannot be remedied, the Uttor
appellate court may dismiss [without prejudice] the Uttor appeal via judgment without
hearing oral argument.
269. (Discontinuance of Uttor appeal)
1. An Uttor appeal may be discontinued at any time prior to the entry of a final
judgment by the Uttor appellate court.
2. As a general rule, the discontinuance of an Uttor appeal must be made in writing.
However, it may be made orally at the court date set for oral argument,
preparatory proceedings for oral argument or compromise settlement.
3. Where a part of an Uttor appeal is discontinued, the action shall be deemed to
have never been pending before the Uttor appellate court with regard to that part.
4. The provision of Article 219 (Construction of discontinuance of action)shall apply
mutatis mutandis to discontinuance of Uttor appeal.
270. (Incidental Uttor appeal)
1. An appellee may make an incidental Uttor appeal at any time prior to the
conclusion of oral argument, even if his right to make an [independent] Uttor
appeal is extinguished.
2. An incidental Uttor appeal shall become invalid where the Uttor appeal on which
is based is discontinued or dismissed [without prejudice] on the ground that it is
not in conformance with law. However, an incidental Uttor appeal that satisfies the
requirements for an Uttor appeal shall be deemed an independent Uttor appeal.
3. Incidental Uttor appeals shall be governed by the provisions of law pertaining to
Uttor appeals.
271. (Declaration of provisional execution of judgment by the Uttor appellate
court)
1. The Uttor appellate court may, upon motion, via ruling, make a declaration of
provisional execution of the judgment of the court of first instance, but such
declaration may concern only that part of the judgment as to which no appeal has
been made.
2. No appeal may be taken against the Uttor appellate court's decision on provisional
execution.
272. (Scope, etc. of oral argument)
1. Oral argument shall be conducted only to the extent necessary to adjudicate a
party's demand for amendment of the judgment rendered by the court of first
instance.
2. The parties shall state the results of oral argument made at the court of first
instance.
273. (Mutatis mutandis application of provisions regarding proceedings at court of
first instance)
Except where otherwise provided by law, the provisions of BOOK II (Proceedings at
Court of First Instance) shall apply mutatis mutandis to procedures at the Uttor
appellate review. However, this shall not apply to the provisions of Articles 80
(Designation of date of initial preparatory proceedings for oral argument) and 104
(Attempt to compromise at preparatory proceedings for oral argument) and of Section V,
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