النظام القانوني لإعادة المحاكمة في قانون أصول المحاكمات المدنية الأردني

Abstract EN

Retrial is considered a way for an unusual appealing, considering that the legislator had defined the ways of the ordinary appealing.

In addition, the verdicts that can be appealed this way are the verdicts of a powerful case if one of the causes, exclusively listed by the law, was availablefew of which may be due to the conduct of the other party.

This appeal is filed to the same court that issued the verdict, and the court processes it in two phases; first, to formally look into the appeal through making sure that the facts required by the law are all available in the retrial petition, and to make sure that this appeal was turned in on the due time as determined by law.

If the appeal is formally accepted, then the court proceeds to the next phase which is to render a judgment pertinent to the subject matter.

The judgments, on either the form or the subject matter, taken by the authorized court, result in consequences; the most important of which is that there is no arrest of judgment due to submitting the appeal unless the court decides otherwise.

Besides, if the court decides to reject the appeal, then the applicant is liable for a fine and all the fees and the expenses.

Also, if the court issues a new verdict on the same subject, then it takes the place of the previous verdict and it has all the power of the verdicts in general.

Furthermore, another appeal for retrial cannot be submitted regarding the new verdict that refuses the retrial or to pass a judgment on the subject matter.