How to file an appeal

Appeal is a complaint that is sent to court to revise the decision made. Registration and submission of this document is regulated APC RF. Consider the entire process in steps.

Feed time. Relying on the article. 259 APC RFThe applicant has the right to appeal within a month from the date of receipt of the court decision. But there is one remark: the term begins to be counted from the moment the full court decision appears. At the meeting, the judge only announces it, and the design of the document itself occurs within five days after that. If a person missed the deadline for filing a complaint for a good reason, it is allowed to apply for its recovery. This rule is valid for six months from the date of decision.

Content. According to the article 260 APC RFThe complaint should contain the following information:

the name of the court who made the first decision;
the name of the court in which the appeal will be sent;
the name of the applicant and all participants in the case;
the essence of the dispute;
court number and decision date;
applicant requirements and reasons for appeal with reference to laws.

List of documents that need to be attached to appeal ( st. 260 APC RF):

a copy of the court decision;
receipts with payment of duties;
receipts signed by the participants of the court case on the presentation of copies of the appeal;
if the complaint is submitted due to the return of the claim, it is necessary to attach it and documents that were supplied with it.

Place of delivery. The applicant has to bring an appeal to the office of the court announced its decision. Staff of the Office are required to send it together with the case in the court of appeal within three days. It is important to remember that the applicant is required to send copies of the appeal and the documents to all participants in the case (if the documents they do not have). This can be done by registered mail or delivered in person by a receipt.

Terms of consideration. Relying on Article 267 APC RF, The appeal shall be examined within two months from the date of filing. The judge received the appeal, should carefully study the case, to identify the main points and to consider it at the session of the appellate court. If the appeal is not made up according to the rules, the judge will make a decision about its return, which also can be appealed. If you filed a document complies with the rules, the judge will make a decision on its adoption. There he necessarily indicate the time and place of a retrial. Copies of this decision, all participants will receive a case by sending a registered letter.

The court's decision. according to the article, 269 \u200b\u200bof the Arbitrazh Procedure CodeThere are several options for the finishing stage of appeal. A judge may leave the original court decision without any changes. If given grounds for a retrial will be really worthwhile, the judge will be forced to cancel the first decision. It can make to the existing solution is only a few changes or make a completely new instrument.

In order not to lose your time in vain, be sure to familiarize yourself with the main list of grounds, which play an important role for the change of the judgment:

not finding all the circumstances of the case;
incorrect application of the law;
failure to prove the information which the Court found it established;
any violation of the order of consideration of the first proceedings;
a complete list of the grounds you can see in the article 270 APC RF.

To appeal is not as difficult as it seems at first glance. Proper execution of all set points will help to draw up a document and quickly apply it to the appropriate authorities. Remember that the knowledge of the basic laws greatly increases the chances of a successful outcome of the case.