EGYPT Law and Practice Contributed by: Mohamed Osama, Hana Elbarbary and Hamza Shehata, Shehata & Partners
Also, it is not possible to introduce a new party to the appeal if that party was not a litigant in this case before the Court of First Instance, except when provided otherwise by the law or in case this party has requested to join one of the liti- gants before the Court of Appeal. The Cassation may be filed in case of violation of the law and an error in its application and inter- pretation exists. The Court of Cassation does not deal with the subject matter of the case, and it is not permitted to consider facts or documents other than those presented before the Court of Appeal. 10.3 Procedure for Taking an Appeal The winning party or the losing party can appeal all or a part of their requests if they did not accept the judgment of the Court of First Instance. This is done by submitting a statement to the compe- tent Court of Appeal within 40 days in civil and commercial matters and within a period of 15 days in urgent matters. However, if the judgment was issued based on fraud committed by the opponent, a forged document, false testimony, or due to the fail- ure to present an important document for the case that the opponent withheld, then the time- line for appeal starts from the day on which the fraud was revealed, the withheld document was revealed, or the day where the forger or the false witness was convicted. Further, the timeframe for Cassation challenges is 60 days. The triggering event for the appeal is the date when the judgment was issued. This period starts from the date of notifying the judgment to the losing party in case they have failed to attend all the hearings. However, if they attended any
of the hearings, the judgment is considered a judgment in presentia, and the period starts from the date of judgment issuance. However, if the defendant did not attend, the judgment must be notified to them. The notification shall be either a notification in person or a legal notification to one of their subordinates or one of the residents with them, and the time limit begins from the date on which the notification was made. As for the presumptive notification that is announced to it administratively in cases where the entity is closed (if the losing party is a juristic person) or in case there is no one to notify the judgment to, in such cases, the timeframe for appeal does not start with the presumptive notification and the timeframe for appeal remains open until the notification is done in person or as a legal notifi- cation to one of their subordinates or one of the residents with them. 10.4 Issues Considered by the Appeal Court at an Appeal The appeal transfers the case with its same state before the appealed judgment was issued, regarding only the issues ruled by the court of appeal, and the court may consider the appeal on the basis of the new evidence, and defences presented to it. The Court of Appeal is, however, restricted to the requests made before the Court of First Instance and to which the appeal was received. Therefore, in no way may the Court of Appeal consider new requests. 10.5 Court-Imposed Conditions on Granting an Appeal In order to accept the case, the Court of Appeal does not impose any requirements beyond those that are required by law.
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