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How to appeal a court decision

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How to appeal a court decision

Judicial decisions can be appealed by filing written complaints with higher courts.

The procedure for filing and reviewing complaints is clearly established by the Arbitration and Civil Procedural Codes of the Russian Federation.

Instructions

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When drafting a complaint against a court decision in the first placeTurn determine whether the time limit for its submission has expired and the name of the court to which it is sent. Thus, appeals (on decisions of magistrates) and cassation complaints (on decisions of district courts of cities) are submitted within 10 days from the date of the decision of the court of first instance and sent: the first - to the district court; the second - to the regional court of subjects. Supervisory complaints on the judicial acts that came into force are submitted within 6 months to the Presidium of the Supreme Court of the subject of the Russian Federation, and then to the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation.

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In arbitration proceedings, everything is simpler. Appeal complaints are filed with the arbitration court of the subject of the Russian Federation for all decisions that have not yet entered into force (the filing period is 1 month), cassation appeals to the district arbitration court (filing deadline - 2 months) have come into force. The application for review of the judicial act in the course of supervision in arbitration proceedings is submitted to the Supreme Arbitration Court of the Russian Federation (the period is three months from the date of entry into force of the last act in the case).

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Requirements for the form and content of all types of complaintsClearly established by law (CCP RF, APC RF) and their non-compliance entails such unpleasant consequences as abandonment or return. This does not prevent the re-dispatch of the complaint after the elimination of the deficiencies, however it takes time and the time for appealing is shortened.

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So, start compiling a complaint with an indication inThe right upper corner of the requisites of the court, in which it is filed-here, write your data and the data of all persons involved in the case. Below, indicate the name of the complaint, for example, "Cassation appeal against the decision of the Zavodskiy District Court of Saratov in the case No. 333 on the suit of Bogachev RA. To HBC "Topol" from 11.11.10. "

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In the main text of the complaint, indicate: The content of the appealed court decision, its claims and the grounds on which you consider the decision of the lower court to be unlawful and subject to cancellation or change. For example, do you think that the court incorrectly determined the circumstances that matter to the case or that these circumstances were not proved in the course of the proceedings? The court's conclusions do not correspond to the circumstances of the case-the court violated the rules of substantive or procedural law.

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Separate the excerpt from the main textThe words "on the basis of the foregoing, I ask the court: ...". In this case, you can ask the court only about what is included in his authority. Thus, the regional court, by way of cassation proceedings, can: leave the decision of the court of first instance unchanged, revoke it completely or in part, and send the case for a new examination, etc. (The powers of the courts of all instances are clearly defined in the relevant articles of the agrarian and industrial complex of the Russian Federation).

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The evidence attached to the complaint is compulsoryAre drawn up in a separate list, which should be placed after a request addressed to the court, but before your signature. Be sure to attach a receipt for payment of state duty, a copy of the decision appealed.

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