Spain

The replacement appeal is provided for both in judicial proceedings and against an administrative resolution. In both cases, it is presented before the same authority that issued the act (if it is a judicial process) or before the administrative body that issued the administrative act (in which case the Law on the Legal Regime of Public Administrations and the common administrative procedure governs).

The appeal for reconsideration can only be filed before the management proceedings and non-definitive decrees and will be presented before the Lawyer of the Administration of Justice who issued the appealed resolution, except in cases in which the law provides for a direct appeal for review (art. 186 Law 36/2011, Regulatory Law of Social Jurisdiction).

In procedural law, this "ordinary and horizontal appeal" can be filed at any instance, even against extraordinary appeals. That is, a simple order of the Court could be revoked.

It is only appropriate to file it in writing and within one month if the notification is express and three months if it is presumed. It must be founded. Thus, this type of appeal is established as the means of challenge that the law establishes in favor of a party aggrieved by an order or decree and, exceptionally, by an interlocutory ruling, so that the same court that has issued this resolution proceeds to annul it or modify it. It is the appeal that, par excellence, is filed against those resolutions of this nature.

Chili

The appeal for reconsideration, in Chile, is that procedural legal act of a legitimate party, which aims to challenge orders or decrees and, exceptionally, interlocutory sentences that cause a grievance, with the same court that issued the resolutions, by virtue of this challenge, being able to modify or amend them.[1]​.