CHAPTER II : THE APPEAL

1° a judgement of the Supreme Pontiff himself, or a judgement of the Apostolic Signatura;

2° a judgement which is null, unless the appeal is lodged together with a plaint of nullity, in accordance with can. 1625;

3° a judgement which has become an adjudged matter

4° a decree of the judge or an interlocutory judgement, which doesnot have the force of a definitive judgement, unless the appeal is lodged together with an appeal against the definitive judgement;

5° a judgement or a decree in a case in which the law requires that the matter be settled with maximum expedition.

§2 If it is made orally, the notary is to draw up the appeal in writing in the presence of the appellant.

§2 If the other party has resorted to some other appeal tribunal, the tribunal which is of the higher grade is to determine the case, without prejudice to can. 1415.

§2 If the party is unable to obtain a copy of the appealed judgement from the originating tribunal within the canonical time-limit, this timelimit is in the meantime suspended. The problem is to be made known to the appeal judge, who is to oblige the originating judge by precept to fulfil his duty as soon as possible.

§3 In the meantime, the originating judge must forward the acts to the appeal court in accordance with can. 1474.

§2 Unless the law provides otherwise, an appeal made by the defender of the bond or the promotor of justice, can be renounced by the defender of the bond or the promotor of justice of the appeal tribunal.

§2 If there are several respondents or plaintiffs, and the judgement is challenged by only one of them, or is made against only one of them, the challenge is considered to be made by all and against all whenever the thing requested is an individual one or the obligation is a joint one.

§3 If one party challenges a judgement in regard to one ground, the other party can appeal incidentally on the other grounds, even if the canonical time-limit for the appeal has expired. This incidental case is to be appealed within a peremptory time-limit of fifteen days from the day of notification of the principal appeal.

§4 Unless the contrary is clear, an appeal is presumed to be against all the grounds of the judgement.

§2 New evidence is admitted only in accordance with can. 1600.