Cassation complaint - sample

Cassation complaint - sample

If you received a judicial decision on your hands, which are unhappy, do not need to put up with it. It is necessary to go to the end in search of truth and justice. The highest and final instance, endowed with the authority to resolve your dispute, is cassation. Production in your case here will begin immediately after submitting a cassation complaint. Recommendations for its preparation and design should help you in the implementation of the conceived.

1
The ability to file a cassation appeal is provided for both civil and criminal legislation. However, the percentage of filing the first is much higher than the second, therefore it is advisable to consider a sample of a cassation complaint in a civil case. Chapter 41 of the Civil Procedure Code of the Russian Federation contains norms regulating the procedure for compiling, the process of filing a complaint, and Art. 378 - It is its structure.

2
It is very important to adhere to the structure at the time of the preparation of the document, which is indicated in the law:

  • the name of the court where it is served;
  • data on you (Full name, place of residence, procedural status in business), performance;
  • data on other participants in the process;
  • the listing of all vessels in which the case was considered to indicate all decisions taken on it;
  • transfer of court decisions that you appeal;
  • reference to specific norms of material or procedural law, which were violated during previous considerations of the case, with detailed arguments and arguments that could serve as an unfinished decision (the most important part requiring special attention);
  • the request from which you appeal to the court (what exactly do you want), representation.

Cassation complaint form on our website.

An example of a filled cassation complaint here.

3
A part in which you will give arguments to get the largest and bulk. Do not save words and paper, write everything in detail, but do not leave water.

4
Cassation complaints are accepted in writing and printed form. But your obligatory condition is your signature (or a representative with your power of attorney).

5
Copies of the decision and decisions of the courts are mandatory to make a complaint to which you refer to it. Also make several copies of the complaint itself in the number of numbers participating in the case.

6
After paying the state duty for filing a cassation complaint, a receipt will be issued to you. Here it is also necessary to attach to the documents that you will provide a court during the filing of the complaint.

7
Hurry up to file a complaint within 6 months from the moment of the appeal definition.

To compile a cassation complaint should be approachable, with all seriousness and attentiveness. After all, it is necessary not only to adhere to the outer form at the time of compiling, but also think about the content that will convince the cassation instance in your rightness. Dobalist ownership of legal terminology and technique, verbal skill differ only by specialists with a capital letter. And therefore, if difficulty will arise, please contact a lawyer.

Comments leave a comment
Basil 20/06/2018 at 15:57

What kind of nonsense is written, what do you need to contact a lawyer?
A lawyer from a lawyer differs only by the status and everything, nothing more. In order for a lawyer to become just to be a lawyer's assistant one year and pass the exam, so you are a lawyer.

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