Stages of the Extraordinary Cassation Appeal in Colombia: A Practical Guide for Lawyers and Non-Lawyers
In the Colombian legal world, the extraordinary cassation appeal plays a vital role in the administration of justice. This article, based on the content of the video “Stages of the Extraordinary Cassation Appeal” from the YouTube channel “Alex Valencia Lawyer”, seeks to provide a practical guide for both lawyers and individuals not familiar with the legal field, on how to navigate through this extraordinary stage that applies in certain judicial processes. 🏛️
How does the Extraordinary Cassation Appeal occur?
Labor cassation or that derived from the general code of the process (civil, commercial, family) are procedures that have common stages, regardless of the field in which they are found. This appeal begins with a sentence issued by a court, followed by the filing of the cassation appeal, which should not be confused with the argumentation, which takes place before the Supreme Court of Justice.
Stages of the Cassation Appeal
To facilitate understanding of the process, we present a table that breaks down each stage of the cassation appeal:
|Court Sentence||An initial sentence is issued that can be subject to cassation.|
|Filing of the Appeal||Formal presentation of the appeal before the Supreme Court of Justice.|
|Admission or Non-Admission||The Court decides whether to admit the appeal for review.|
|Transfer of the Lawsuit||In case of admission, the cassation lawsuit is presented.|
|Court Sentence||The Court issues a final sentence, quashing or confirming the initial sentence.|
Importance of Legal Advice
It is essential to have adequate legal advice from the first stage of this extraordinary procedure (court sentence). The selection of a lawyer should be done in advance, preferably since the court’s sentence is issued or an unfavorable second-instance sentence is anticipated. Thus, the professional (cassation lawyer) will be responsible for organizing the foundation of the extraordinary cassation appeal, ensuring that all technical and legal requirements are met for its admission by the Supreme Court of Justice.
For lawyers and non-lawyers interested in this process, Our Cassation Group led by Dr. Alex Valencia offers a range of professional services for lawyers, including the preparation or review of cassation drafts, as well as legal representation (for non-lawyers). These services aim to ensure that the appeal is presented technically and adequately, avoiding non-admissions due to non-compliance with procedural rules.
The extraordinary cassation appeal is a vital legal tool in Colombia, which allows the review of judicial sentences in higher instances. Through this article, we hope to have provided a practical and useful guide to navigate this process, both for lawyers and non-lawyers. For our PROFESSIONAL SERVICES IN CASSATION do not hesitate to contact us📞 📲 WhatsApp (+57)3054183382