How to file a complaint about the court decision

How to file a complaint about the court decision

Initially, claims are considered in the urban (district) court or by the world judge (under the amount of up to 50 thousand rubles). If the court decision does not suit you, it can be challenged. For this purpose, the deadlines are specifically. When sentencing is made, the instance in which the appeal can be filed.

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If the matter of the world judge (when divorced, he can do business in the absence of a pair of common property and joint children), the appeal should be submitted to the city or district court. The complaint needs to be addressed to the Secretary of the World Judge. If the case itself was considered just in the city (district) institution, then appeal follows to the regional court. At the same time, the complaint is given to the Office of the Court, which heard the case. That is, in the "header" of the document, indicate "to the judicial board on civil cases _____ of the city court", and the complaint is filed to the district court.

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In the complaint itself, you need to specify the name and data of the person that submits it. It is also necessary to describe what the decision of the court is appealed, make their arguments on this issue. If there are documents, they should be attached. If the complaint is submitted by the representative, the document is also attached to the document. In mandatory, the receipt should be provided with the payment of state duty, if it is provided for legislation.

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You can file a complaint for a month from the date of receipt of the decision in court (it is issued no longer than 5 days after the decision at the meeting). Those. If the meeting took place on September 1, until September 6, a decision will be issued in the ultimate form. Accordingly, until October 6, you can file a complaint. When an appeal is served, the claim cannot be changed in a free order. For each moment you need to argue the need to make changes and explain why initially these circumstances were not taken into account. If, when considering the claim, it was originally not considered your petition (for example, about the implementation of additional expertise, attracting a witness, etc.), this may be a reason for filing an appeal.

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Most often, the Court of Appeal confirms the decision of the organization of the first level. However, there are cases when a new consideration of the case is completely either partially cancels the initial decision. To direct the case for a re-consideration. The appellate court has no right. If you have received an unsatisfactory solution in this court, you can submit a cassation complaint. This is permitted for half a year since the court decision. In this case, the subject of consideration will not be the case itself, but violations that occur in the decision-making process.

Cassation court may:

  • take a separate decision;
  • cancel the court decision;
  • confirm it;
  • initiate a new consideration of the case.

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Technically file a complaint to the court decision, even after the end of the period allotted to appeal. To do this, enlist the support of an experienced lawyer who can thoroughly analyze the case, choose the right tactics of behavior.

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