Incidental Procedures in Appeal Court

Bringing the incident actions is not limited to courts of first instance but these actions could bring in appeal courts. Nevertheless, bringing these actions in appeal courts is somewhat limited. The devolutive effect of appeal involve in transferring of what is preceded by court of first instance in appeal court. On the other hand, the absolute negation of bringing the incident actions in appeal court is not acceptable. The bringing of these actions, not only recognized in Iranian Law by some legal texts such as Articles 130 and 135 of Civil Procedure Act, but also in many cases, without bringing these actions the procedure remains inefficient or incomplete. On the other hand, in some cases issuance of first instance’s judgment or the changes of circumstances of the case result in impossibility or non-sense of procedure of appeal court. These contradictive facts describe how necessary is the acceptance of incident actions in appeal courts and simultaneously, the application of legal limitations to it.