Judicial principles and studies
Leave to Appeal (Cassation) and Request to Defer Fees
A brief outline of how a previously granted leave to appeal affects its continuity and the start of the appeal deadline, and the effect of a fee-deferral request in a repeated cassation.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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A brief outline of how a previously granted leave to appeal affects its continuity and the start of the appeal deadline, and the effect of a fee-deferral request in a repeated cassation.
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- Practical significance
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Subject
The official points address whether a previously granted leave to appeal remains effective when the appeal is repeated, and whether submitting a request to defer fees for a second cassation suspends the appeal deadline.
Summary
- A previously granted leave to appeal remains in force until the final judgment in the case, according to the official points and Article 191/5 of the Civil Procedure Code. - The time limit to file the cassation appeal is ten days, commencing the day after issuance of the appellate summary judgment. - Filing a new request to defer fees to bring a second cassation does not suspend the running of the appeal period and Article 173 does not apply in that respect, because the earlier decision to defer fees remains effective for a repeated appeal under Article 14 of the Court Fees Regulation.
Practical significance
- A litigant who already has a decision deferring fees does not need to file a fresh deferral request for a repeated cassation if the prior deferral remains applicable. - Submitting a fee-deferral request for the second appeal will not extend or suspend the ten-day filing period. This content is an educational summary and not a judicial text or legal advice.
Frequently asked questions
Subject?
The official points address whether a previously granted leave to appeal remains effective when the appeal is repeated, and whether submitting a request to defer fees for a second cassation suspends the appeal deadline.
Summary?
- A previously granted leave to appeal remains in force until the final judgment in the case, according to the official points and Article 191/5 of the Civil Procedure Code. - The time limit to file the cassation appeal is ten days, commencing the day after issuance of the appellate summary judgment. - Filing a new request to defer fees to bring a second cassation does not suspend the running of the appeal period and Article 173 does not apply in that respect, because the earlier decision to defer fees remains effective for a repeated appeal under Article 14 of the Court Fees Regulation.
Practical significance?
- A litigant who already has a decision deferring fees does not need to file a fresh deferral request for a repeated cassation if the prior deferral remains applicable. - Submitting a fee-deferral request for the second appeal will not extend or suspend the ten-day filing period. This content is an educational summary and not a judicial text or legal advice.
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