How to appeal the court decision

In procedural practice, there are no cases when the losing side is dissatisfied with the verdict. The justice system is not ideal: the same law can be interpreted in different ways in several instances at the same time. There are other nuances that encourage any participant in the case of protest. Therefore, if you are ready to prove the misunderstanding and inconsistency of the court decision made in your case - appeal it. Consider the details how to do it.

1
Methods appeal

Civil procedural legislation (Code of Civil Procedure) A scheme is provided for appealing judicial regulations:

The complaint against the decision of the court of first instance should be submitted to the Court of Appeal.
The cassation appeal is directed to the authority over the "second" court in the event that the last resolution also did not satisfy your claims.
Cancel cassation verdict is possible according to the order of supervisory production.

Conclusion on the supervisory complaint can not be protest. It is final. V article 320.1 CGP The hierarchical structure of the Russian Femis is fully defined, and the order and the right to considerse appeals are fully established.

2
Appeal

This type of claim is most common due to the fact that the process further comes extremely rarely. Therefore, let's stop more detail on appeal as the main way of appeal. The challenge of the judicial verdict of the first instance gives 30 days from the date of the announcement of the final decision on the case ( art. 321 Code of Civil Procedure of the Russian Federation). But on the verdict on administrative violations, it is possible to argue only for 10 days. The content and form of such a procedural document is presented with serious requirements described in article 322 GPK. To note: if the term of appealing is expired - it can be restored by submitting an appropriate application for consideration by the judge. However, it should be understood that for this you need to have weighty causes of passage.

For error-free appeal, we advise you to get acquainted with the articles of our site - "How to write an appeal".

Application request to restore the appeal here.

An example of an application for recovering the appeal period here.

3
Algorithm challenging

On the example of a civil case, we consider the procedure for appealing the decision made on it by the court of the 1st instance:

Get a written judgment and familiarize yourself with it.
Pay attention to the date of its submission to take into account the timing of the appeal (month).
Make a complaint based on legislative acts and formal requirements:
- fill in the "cap" (the name of the judicial authority, personal data of the appellant);
- in the body of the document, indicate the appealed decision of the court, the requirements and grounds for revising the case;
- make a list of accompanying documents.
Find out the details and pay the state duty. Check attach to the submitted documentation.
Pass the completed claim through the court of first instance personally, coming to the office, or send by registered mail with the receipt notice.
Wait for notifications about the place of the meeting according to your objection.

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4
Cassation

In this case, the case is not considered essentially, and the correctness of the applications of the second instance of the legislation is verified. In the third instance, they protest solutions that have already entered into legal force ( chapter 41 GPK). The content of the cassation complaint is regulated by the requirements articles 339 Code of Civil Procedure of the Russian Federation And very similar to those that are put forward for the preparation of appeal.

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Remember, the law is given the right to appeal any ruling - both adopted and not entered into force. The main thing is to understand that this business is serious and does not tolerate deposit, so it is better to enlist the support of a qualified lawyer and consult in court.