All decisions of the courts of first instance are subject to review. An appeal is filed with a higher court through the court of first instance. There are very strict requirements for the preparation of this document. Consider the process of submitting it point by point.
Power to appeal. Any person who took part in the case may appeal against the court decision (Article 320 of the Code of Civil Procedure of the Russian Federation). Moreover, if the judicial act has affected the rights of a third party, he also has the right to apply to the court with an application for appeal. Timing. It is important to remember that only those decisions that have not yet entered into force are subject to appeal. The judicial act will acquire legal status one month after its issuance. Therefore, only within a month there is an opportunity to file an appeal (Article 321 of the Code of Civil Procedure of the Russian Federation). In some cases, it is permissible to write an application for the renewal of the deadlines for appeal, if they were missed for good reasons that can be proven.
Where to apply. A document with the described requirements must be submitted to the office of the court of first instance, i.e., the court that considered the case initially (Article 321 of the Code of Civil Procedure of the Russian Federation). The employees of the Office are obliged to send the complaint to the Court of Appeal within the period provided for its filing. Who is considering the case. Let's highlight the most common options. Decisions of magistrates' courts are considered in district courts. If the original decision was made in the district court, the appeal is considered in the regional or supreme republican courts. This topic is covered in more detail in Art. 320.1 Code of Civil Procedure of the Russian Federation.
Decor. The document must contain the following information (Article 322 of the Code of Civil Procedure of the Russian Federation):
the name of the court that adopted the original act;
the name of the court where the complaint will be sent (check with the office);
Name of the applicant and all participants in the case;
number of the case, the essence of the dispute, the date of adoption of the judicial act;
applicant's requirements and grounds for filing with reference to laws;
list of attached documents.
Documentation. Along with the application for appeal to the office, you must bring:
copies of it for all participants in the case;
passport or power of attorney;
fee payment receipt.
Additions. Decisions of the first instance are rarely canceled, only in 10-20% of cases. In order for an appeal not to be futile, a good reason must be provided for overturning the first decision. When submitting new evidence, one should correctly explain why it was not presented in court earlier. It is prohibited to change the claim or involve third parties in the case. Consideration of the case. The process of litigation is the same as in the court of first instance. Within two months, the court makes a decision. The judge may leave it in force, change some parts or adopt a completely new act (Article 328 of the Code of Civil Procedure of the Russian Federation). It is important to know that in the appellate instance, it is mainly the correctness of the application of the rules of law by the first court that is examined. Judges pay great attention to procedural violations.
