Appellate Guide: Preparing Powerful Appeal and Cassation Petitions with AI
Losing a case in the first-instance court does not mean it's the end of the road. Appeals and cassation, the appellate remedies, are the most important mechanisms for ensuring full justice. However, an effective appellate petition requires much more than simply repeating the claims from the initial trial. It is essential to identify the legal errors in the decision and refute them with the established case law of the higher court.
Lextum AI turns this challenging process into a strategic advantage for lawyers.
The Subtleties of Preparing an Appellate Petition
Focal Point: You must now argue the decision itself, not just the events. You need to show which evidence the judge mis-evaluated or which law was misinterpreted.
Importance of Precedent: Higher courts (Regional Courts of Appeal and the Court of Cassation) place great importance on consistency with their own case law. Arguments in your petition that begin with "According to the established jurisprudence of your esteemed Chamber..." and cite specific decisions are extremely effective.
Time Pressure: The deadlines for appellate remedies are short and final. Conducting an-depth analysis in this short time is difficult.
Appellate Automation with Lextum AI
Lextum AI analyzes the first-instance or appellate court decision and provides you with a strong draft for your appellate petition.
Step 1: Upload the Decision
Upload the reasoned decision of the case you lost (PDF from UYAP or a scanned document) to Lextum AI.
Step 2: AI Analysis
The AI analyzes the decision in seconds and does the following:
Parses Legal Grounds: It identifies the main legal arguments and statutes on which the judge based the decision.
Identifies Evaluated Evidence: It analyzes which evidence was relied upon in the decision and which was ignored.
Flags Potential Errors: It compares the decision against its massive case law database. It identifies points where the judge's conclusion contradicts the established jurisprudence of the Court of Cassation or the relevant Regional Court of Appeal.
Step 3: Get a Powerful Petition Draft
As a result of the analysis, Lextum AI provides you with a draft Appeal (İstinaf) or Cassation (Temyiz) Petition. This draft is very different from classic templates:
Structured Objections: The petition is organized under headings like "Our Procedural Objections" and "Our Objections on the Merits."
Pinpointed Grounds: It contains specific and technical objections like "The local court misinterpreted the burden of proof rule in Article 190 of the HMK."
Automatic Case Law Integration: This is its most powerful feature. Under each ground for objection, it adds precedent from the relevant Regional Court of Appeal or Court of Cassation Chamber that supports that argument.
Example Argument (from a Cassation Petition):
"...The Regional Court of Appeal made a flawed assessment by disregarding the witness statements of the client with abstract reasoning. Indeed, as clearly stated in the decision of the General Assembly of Civil Chambers of the Court of Cassation, No. E. 2020/..., K. 2021/..., 'witness statements that are consistent with each other and the ordinary course of life should be considered sufficient for proof, even if there is no other evidence.' Therefore, the decision of the appellate court is clearly contrary to the established jurisprudence of the Court of Cassation and must be overturned."
Transform the appellate process from a reactive defense to a proactive strategy with Lextum AI. Instantly identify the weak points in a decision and increase your chances of winning by supporting your case with the strongest precedents.
