The appeal against the decision of the magistrate is filed in case of your disagreement with his decision: during the case, other different circumstances could be incorrectly regarded or not considered, or the judge applied the article not as appropriate, or at all, not the article at all.
How to file an appeal
The complaint can be submitted within a month from the date of decision of the court.
Appeal form complaint about the decision of the magistrateyou can download on our website. It is worth paying attention to the item "List of attached to the complaint of documents": you must attach a receipt of payment of state. duties and copies of a document for each participant in the case.
If the complaint that you filed does not meet the requirements of Article 322 of the Code of Civil Procedure of the Russian Federation, the judge issues a deadline for fixing the document. With a successful correction, the document will be counted on the day when you first filed it.
So as not to be mistaken, look Sample fill out the appeal against the decision of the magistrate.
Why appeal complaints may not accept
There are several reasons why the complaint can reject:
- If you do not fix the shortcomings in the deadline set by the judge.
- If you give the complaint later than the month.
You can also pick up the complaint if the case is not yet directed to the appellate court.
If you do not agree with the decision of the World Judge - be accurate in the presentation of the reasons why you think so, and do not tighten with the deadline for filing a complaint, and then you will surely win the case.
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