Vertaling van "second instance is filed" in Japans
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provided, however, that this shall not apply where a lawful appeal to the court of second instance is filed against the judgment.
A judicial decision on the burden of court costs made under the provisions of paragraph (2) shall cease to be effective when a lawful appeal to the court of second instance is filed against a judgment on the merits.
An immediate appeal may be filed against an order of correction; provided, however, that this shall not apply where a lawful appeal to the court of second instance is filed against the judgment.
Where, with regard to a claim for payment of money for a bill or note or a check and a claim for damages at the statutory interest rate that is incidental thereto, an appeal to the court of second instance is filed against a judgment with a declaration of provisional execution or an objection to demand is made against a demand for payment with a declaration of provisional execution, and a prima facie showing is made with regard to the circumstances under which the judgment in prior instance or demand for payment should be revoked or modified.
Where an appeal to the court of second instance is filed against a judgment with a declaration of provisional execution or an objection to demand is made against a demand for payment with a declaration of provisional execution (excluding an appeal to the court of second instance and objection to demand set forth in the following item), and a prima facie showing is made to the effect that it cannot be said that there are no circumstances under which the judgment in prior instance or demand for payment should be revoked or modified or that execution is likely to cause substantial damage.
Where an appeal set forth in Article 327(1) is filed, a final appeal or a petition for acceptance of final appeal is filed against a judgment with a declaration of provisional execution, or an appeal to the court of second instance is filed against a judgment with a declaration of provisional execution, if the case record is stored at the court of prior instance, that court shall make a judicial decision on the petition prescribed in paragraph (1) of the preceding Article.
Article 255 When a motion for appeal to the court of second instance has been filed, a final appeal as set forth in the preceding Article shall cease to be effective; provided, however, that this shall not apply when the appeal to the court of second instance is withdrawn or when there is a judicial decision to dismiss the appeal to the court of second instance.
Article 377 No appeal to the court of second instance may be filed against a final judgment of an action on small claim.
第三百七十七条 少額訴訟の終局判決に対しては、控訴をすることができない。
When it is clear that a appeal to the court of second instance has been filed after the right to appeal has expired, the court of first instance shall, on a ruling, dismiss such an appeal.
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