Cassation complaint is filed to challenge the decision taken by the court and re-examination of the case.
Also filing of the corresponding claim is made in case the court rejects the appeal of the respondent.
You will need
- - appeal-
- - evidence materials on the case,
- - Civil Procedure Code of the Russian Federation.
The cassation process involves checking the caseAnd the judge's decision on it by a higher court. The relevant complaint can be filed by the plaintiff and the defendant, as well as other persons who participated in the trial, including the prosecutor and the lawyer. Almost any judicial verdict can be challenged, except for the opinions rendered by the justice of the peace, which have their appeal process.
The right of cassation is valid for tenDays after the announcement by the court of the decision taken or the refusal of the appeal. The complaint must be sent to the same court that supervised the trial. Subsequently, the judicial authorities will independently decide how the case will be dealt with in the future.
Compose the text of the appeal, indicating the name andAddress of the court to which you refer the cassation. Also write your surname, name and patronymic, as well as the current place of residence or the address of the residence permit. Below please describe your complaint and let us know why you do not agree with the decision of the court. If you are well versed in legislation, refer to articles that were not taken into account by the court or violated by it during the trial. For example, if a civil dispute is resolved, try to be guided by Article 362 of the Code of Civil Procedure of the Russian Federation, where the main reasons for changing or canceling the decision are indicated. Write a correct text from the point of view of legislation, you will help a qualified lawyer or lawyer.
Attach to the cassation all materials that canChange the process of the case and influence the decision-making in your side, for example, evidence that was not considered by the court before. Pass all documents to the judicial office and wait for their consideration by the appropriate authority. If your arguments proved to be true, you will be informed of the resumption of the trial in this case.