Amendment status not verified — confirm the current text below against the official source.
When the stage to forward the appeal from order comes, if appeal is not to be forwarded along with the main file, the parties shall be notified to indicate within 48 hours, the certified copies which are required and the office shall comply with article 742. § Sole Paragraph: In the account there shall be separation as to the cost payable from each appeal from order and the cost to be payable by each appellant; however, the payment of cost for forwarding the appeal shall be made solely by last appellant. If for any reason, the main appeal alongwith which the appeal from order should have been forwarded, does not succeed, the next immediate appellant may request to forward his appeal after paying costs within 5 days from the date of knowledge of the fact which prevents the other appeal from being pursued. With the said appeal from order other previous appeals shall be forwarded which have not become unfructuous. What is provided in the second clause of this paragraph is not applicable to the case where appeal from order is to be forwarded along with the appeal against the final judgment or with the appeal from curative order which has put an end to the case. Article 748 – Procedure when appeal is not forwarded immediately when submissions are not made soon - When the appeal from order is not forwarded immediately and the appellant does not present his submissions within the time fixed in the article 743, upon suspension of the steps of the appeal subsequent to service of the order which admits the appeal, the submissions 234 may be presented along with the appeal which causes the forwarding of the file to the higher court and becoming only one complete proceeding. The position of each of the parties in these proceedings shall be defined by the position which they hold in the appeal giving rise to take up previous appeals along with, without prejudice however of what is provided in the sole paragraph of previous article. Thereupon the proper steps of the appeal shall be followed along with other appeals which are forwarded; but if these steps were of articles 743 and following, the judge may reverse the last order under appeal. § Sole Paragraph: When the case foreseen in the second part of clause (c) of article 734 arises, the last appellant and last respondent shall be notified that they may prosecute their appeals. Such notice is equivalent to the order of admission of the appeal. DIVISION III HEARING OF THE APPEAL Article 749 – Procedure as in appeal from final judgement to be followed - The provisions of appeal against final judgment shall be applicable to the hearing of appeal from order, to the extent applicable, except what is provided in the following articles. See also Article 700 and 720 of this Code. Article 750 – Advance payment - In the event an appeal from order has been declared abandoned for non-payment of prepayment, there being previous appeals from order which have been forwarded alongwith, the immediate preceding appellant may within 5 days from service of notice of the order of abandonment, may effect the prepayment of costs for the prosecution of his appeal, with which shall be decided the previous appeals from order. § Sole Paragraph: Provisions of this article do not have application when the appeal from curative order putting an end to the main file has been declared abandoned. Article 751 – Preliminary questions - If there is a change in the effect of the appeal, the interested party may pray that the file may be sent back to the trial court for implementing in the trial court the change made by the superior court. If the Assignee Judge is of the view that no cognizance can be taken of the appeal, he may hear only the advocate for the appellant. 235 Article 752 – File examination and hearing - When the Public Ministry has to intervene in the file, all the papers will be sent to it for seven days to express its opinion within the said period of seven days and, thereafter, the file will go for examination by the judges composing the bench, and then to the Assignee Judge for the preparation of final judgment, however the period shall be seven days for each of the first two and fourteen days for the second. There being several appeals from order, the court shall take cognizance as per the order of filing of the appeal before the trial court; but if they have been forwarded along with appeals from order, which has put an end to the proceedings, the appeal is to be allowed when the breach committed is likely to modify such decision. To the judgment which decides the appeal, the provisions of Articles 717 to 719 apply. Article 753 – Cognizance on merits in place of trial court – If it is an appeal from order against the final judgment and the trial court has not taken cognizance of the same on merits for any reason, if the court is of the view that such reason is not well founded and there is no reason for not taking cognizance of the case on merits, the court shall take cognizance of the same, reversing the judgment of the trial court. However, if the appeal to be filed from the decision of the trial court was appeal from final judgment, it may be directed by a bench judgment that procedure of appeal from final judgment be followed. Such determination shall have the following effects: