Part Second: Retrial

Article 688

1. A request for retrial is an appeal that aims to overturn a final judgment as defined in Article 553, in order to reconsider the dispute anew in fact and in law.

Article 689

1. A request for retrial may only be made by the parties to the judgment or their representatives.

Article 690

Any party may request from the court the modification or revocation of measures ordered for urgent matters.

Article 691

In all the cases mentioned in the preceding article, a request for reinstatement shall not be accepted unless the applicant was unable, without any fault on his part, to invoke, by means of an ordinary appeal, the reason on which he relies before the judgment becomes final.

Article 692

The court shall decide upon requests for modification or revocation of urgent measures.

Article 693

The applicant for retrial must summon all parties to the appealed judgment, under penalty of inadmissibility of his request.

Article 694

An application for retrial shall be submitted to the court that issued the judgment through a petition deposited with the clerk of this court, and the rules governing summons before the Court of First Instance shall be observed. It must include a statement of the judgment appealed against, its date, the grounds for retrial, and the requests; otherwise, it shall be null and void.

Article 695

The rules and procedures applied before the court to which it is submitted shall be applicable to the consideration of the request for reconsideration.

Article 696

The defendant against whom a request for retrial is made shall, within fifteen days from being notified of this request, submit in turn an incidental retrial based on a memorandum stating the grounds and claims.

Article 697

The execution of a judgment rendered by the court of first instance shall not be suspended by the filing of an appeal unless the appellate court orders such suspension.

Article 698

The court to which the request for retrial is submitted shall first rule on the admissibility of this request, then consider the merits. It may also rule on the admissibility of the request for retrial and on the merits in a single judgment, if the parties have submitted their claims on the merits before it.

Article 699

1. The decision issued to accept the request for retrial shall rule to revoke the appealed judgment and to refund the amount of the deposited guarantee.

Article 700

The execution of a judgment shall proceed in accordance with the civil procedure laws.

Article 701

1. A request for retrial against a judgment that has been appealed through a previous request for retrial shall not be accepted, except for a reason that appeared subsequent to the judgment rendered in the first appeal.

Article 702

1. A judgment issued to reject a request for retrial or a judgment issued on the subject of the dispute after the acceptance of this request may not be appealed by a request for cassation. Section Three - Cassation