Chapter I: Of Appeal

The party who thinks himself burdened by some sentence, and likewise the promoter of justice and defender of the bond in causes in which they were involved, have the right of appealing from the sentence, that is, of making recourse from the inferior judge who rendered the sentence to the superior, with the prescription of can. 1880 saved.

There is no place for appeal:

1° From a sentence of the Supreme Pontiff himself or of the Apostolic Signatura.

2° From a sentence of a judge who has been delegated by the Holy See to hear a cause with the clause removing appeal.

3° From a sentence affected by the defect of nullity.

4° From a sentence which has passed into a judged matter.

5° From a definitive sentence which rests on the decisory oath of the lawsuit.

6° From a decree of the judge or from an interlocutory sentence which does not have the force of a definitive sentence, unless it is joined with an appeal from the definitive sentence.

7° From a sentence in a cause for which the law provides that the matter is to be defined most expeditiously.

8° From a sentence against a contumacious person who has not purged himself from contumacy.

9° From a sentence rendered against one who in writing expressly declared that he renounced appeal.

Appeal must be interposed before the judge by whom the sentence was pronounced within ten days from notice of publication of the sentence.

§ 1. Appeal can be made orally before the judge sitting for the tribunal, if the sentence is read publicly, and immediately it must be reduced to writing by the actuary.

§ 2. Otherwise it must be made in writing, with the case of which in can. 1707 saved.

Appeal must be prosecuted before the judge to whom it is directed within a month from its interposition, unless the judge from whom appeal is taken has furnished the party a longer time for prosecuting it.

§ 1. To prosecute an appeal it is required and sufficient that the party invoke the ministry of the superior judge for the correction of the impugned sentence, with a copy of this sentence and of the appellate libellus which he had exhibited to the inferior judge attached.

§ 2. But if the party cannot obtain a copy of the impugned sentence from the tribunal from which appeal is taken within the useful time, meanwhile the terms do not run, and the impediment must be signified to the judge of appeal, who is to bind the judge from whom appeal is taken by precept to satisfy his office as soon as possible.

§ 1. If the case of which in can. 1733 has occurred within the time useful for appealing, but before appeal has been interposed, the sentence must be denounced to those whose interest it is, and the terms established by law are understood to be granted to them, to be computed from the day of denunciation.

§ 2. If it has occurred after appeal has been made, the interposed appeal is to be denounced to the same persons, in whose favor the useful time for prosecuting the appeal begins to run anew from the day of denunciation.

When the fatal terms of appeal have elapsed uselessly, whether before the judge from whom appeal is taken or before the judge to whom appeal is made, the appeal is considered deserted.

§ 1. An appeal made by the actor also profits the defendant, and conversely.

§ 2. If it is interposed by one party concerning some head of the sentence, the adverse party, even if the fatal terms of appeal have passed, can appeal incidentally concerning other heads; and he can do this even under the condition of withdrawing if the prior party has withdrawn from the instance.

§ 3. If the sentence contains several heads, and the appellant impugns only certain heads, the remaining heads are considered excluded; if he has determined no head, the appeal is presumed to have been made against all heads.

If one of several co-defendants or actors impugns the sentence, the impugnment is considered to have been made by all whenever the thing petitioned is indivisible or the obligation is solidary; but he alone who appealed must sustain the judicial expenses, if the judge of appeal has confirmed the first sentence.

§ 1. An appeal in suspensive suspends the execution of the appealed sentence, and therefore the principle remains in its force: while the lawsuit is pending, let nothing be innovated; but an appeal only in devolutive does not suspend execution of the sentence, although the lawsuit still remains pending concerning the merit of the cause.

§ 2. Every appeal is in suspensive, unless another thing is expressly provided in law, with the prescription of can. 1917, Sec. 2 remaining firm.

Once appeal has been interposed, the tribunal from which appeal is taken must transmit to the judge to whom appeal is made an authentic copy of the acts of the cause, or the original acts of the cause themselves, according to the norm of can. 1644.

§ 1. In the grade of appeal a new cause of petition cannot be admitted, not even by way of useful cumulation; and therefore joinder of issue in that grade can concern only whether the prior sentence is to be confirmed or reformed, either wholly or in part.

§ 2. But when new documents and new proofs have been exhibited, the cause can be instructed, with the rules handed down in can. 1786, 1861 observed.