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PART IV APPEALS FROM RULINGS
Article 482
Except as otherwise provided, an appeal may be taken from a ruling.
Article 483
Except as otherwise provided, no appeals may be taken from rulings made during the litigation proceedings.
Article 484
In cases where an appeal may not be taken to the court of third instance, no appeals may be taken from a ruling made by the court of second instance. Notwithstanding, an objection to any of the following rulings may be raised with the original court:
1. A ruling ordering the court clerk, executive officer, statutory agent, or advocate to bear the litigation expenses;
2. A ruling for imposing fines upon a witness, an expert witness, interpreter or a third person who holds documents or objects which should be inspected;
3. A ruling for denying a refusal to give testimony, expert testimony, or interpretation;
4. A ruling for compulsory production of documents or objects which should be inspected.
The provisions with regard to appeals from rulings of the same kind shall apply mutatis mutandis to the objection provided in the preceding paragraph.
The ruling on an objection made by the court hearing the case is not reviewable.
Article 485
No appeal may be taken from a ruling issued by a commissioned judge or an assigned judge. Notwithstanding, where such ruling is the kind of ruling from which an appeal may be taken if it were made by the court hearing the case, an objection to such ruling may be raised with the same court.
The provisions with regard to appeals from rulings of the same kind shall apply mutatis mutandis to the objection provided in the preceding paragraph.
An appeal may be taken from the ruling on an objection made by the court hearing the case in accordance with the provisions of this Part.
Where the action is pending in the court of third instance, objections to rulings made by the commissioned judge or assigned judge may be raised with the court of third instance. In cases where an appeal may be taken to the court of third instance, objections to rulings made by the commissioned judge or assigned judge of the court of second instance may be raised with the court hearing the case.
Article 486
Except as otherwise provided, the immediate superior court shall decide an appeal taken from a ruling.
No re-appeal may be taken from the ruling made by the immediate superior court dismissing an appeal because such an appeal does not conform with the law. Notwithstanding, an objection may be filed with the original court.
The provisions of the second and the third paragraphs of Article 484 shall apply mutatis mutandis to the objection provided in the preceding paragraph.
Except as provided in the two preceding paragraphs, a re-appeal may be taken from a ruling made by the immediate superior court only when it is based on the ground that there is a manifest error in applying the law.
The provisions of Article 436-6 shall apply mutatis mutandis to the appeal proceeding provided in the preceding paragraph.
When an appeal is dismissed by the original court due to failure to pay the court fees, the provisions of Paragraphs 2 and 3 shall apply mutatis mutandis.
The rulings of the Paragraph 2 and the preceding paragraph, once finalized, shall not be subject to further appeal or objection through other means, and shall not have legal effect; and the court shall not consider them.
Article 487
An appeal taken from a ruling shall be filed within the peremptory period of ten days following the service of the ruling. Notwithstanding, an appeal taken from a ruling which is filed prior to the service of that ruling shall also take effect.
Article 488
Except as otherwise provided, an appeal taken from a ruling shall be made by filing a notice of appeal to the original court or the court to which the original presiding judge belongs.
Appeals taken from rulings made on matters proceeded under summary proceeding or a Small-Claim Proceeding or from rulings with regard to litigation aid, and appeals taken by a witness, expert witness, interpreter, or third person holding tangible evidence may be made orally, except those appeals taken in accordance with the provision of the first paragraph of Article 436-2.
An appeal taken from a ruling shall specify the reason for appeal.
Article 489
(Repealed.)
Article 490
Where the original court or the presiding judge finds the appeal meritorious, it or he/she shall revoke or amend the original ruling.
Where the original court or the presiding judge does not dismiss the appeal on the ground that it is not in conformity with the law, nor does it or he/she issue a ruling on such appeal in accordance with the provision of the preceding paragraph, it or he/she shall promptly refer such appeal to the immediate superior court, and where necessary, forward the dossier and annex a memorandum of opinion.
Article 491
Except as otherwise provided, no appeal taken from a ruling operates to stay the execution of such ruling.
The original court, or the presiding judge, or the superior court may stay the execution of such ruling, or take other necessary measures before a ruling is issued on the appeal.
No appeal may be taken from the ruling provided in the preceding paragraph.
Article 492
In finding an appeal meritorious, the superior court shall revoke or amend the original ruling on its own and, unless necessary, must not order the court or the presiding judge who issued the appealed ruling to re-issue a ruling.
Article 493
(Repealed.)
Article 494
(Repealed.)
Article 495
In accordance with the provisions of this Part, where the review of a ruling which should be sought by filing an appeal is mistakenly sought by raising an objection, an appeal is deemed effectuated; where the review of a ruling which should be sought by raising an objection is mistakenly sought by filing an appeal, an objection is deemed effectuated.
Article 495-1
Except as otherwise provided in this Part, the provisions of Chapter I, Part III shall apply mutatis mutandis to appeals taken from rulings.
The provisions of Chapter II, Part III shall apply mutatis mutandis to appeals forthwith to the Supreme Court provided in the first paragraph of Article 436-2 and re-appeals provided in the fourth paragraph of Article 486.