There is a certain procedural timeframe for appealing against any court decision. This period is not subject to change either by the court or by the parties to the process, it cannot be extended or reduced. As the term expires, the question of appealing against the decision can no longer be raised. Such an application or petitions will simply be returned without consideration. In this situation, it is only possible to resolve the issue of restoring the appeal period.
Instructions
Step 1
If you missed the legal deadline for filing a complaint against a court order or ruling, for valid reasons or as a result of force majeure, you should address the issue of restoring the missed deadline. The procedure for restoring the procedural period is clearly established by the current procedural legislation (criminal, civil, administrative, etc.). To restore the deadline, you need to draw up a written application and apply to the court that made the decision, the deadline for appealing has expired.
Step 2
The only circumstance influencing the decision to restore the term is the validity of the reason for the delay. As a rule, the terms are violated for objective reasons, due to the late receipt by the person of the court decision. For example, a court decision is sent by mail, but comes to the person concerned after the deadline for appeal has expired. This can be both the fault of the court apparatus and the postal workers. In any case, in the presence of such circumstances, which you, of course, will have to prove, the term will be restored. It is entirely up to the judge to assess the validity of the reason. You can, of course, try to restore the term due to the fact that you were on sick leave, but the court may indicate that you had the opportunity to act through a representative, so that the issue of proving the validity of the reasons should be approached carefully. As a rule, the court unconditionally accepts only objective reasons.
Step 3
You can apply for a renewal of the appeal deadline at the same time you file your complaint. Both the application and the complaint must be sent to a higher court through the court that made the contested decision.
It should be borne in mind that private complaints are directed against court decisions, and appeals against decisions of justices of the peace. Cassation appeals against decisions of district courts.
Step 4
A similar procedure for restoring a missed appeal deadline is applied to appeal against other decisions of state and municipal authorities. You should only carefully choose the institution where the application for the restoration of the term should be sent. As a general rule, such an application is considered by the body, the period for appealing against the decision of which is restored. The restoration of many terms related to civil law relations between a person and the state, a person and municipal authorities, are attributed to the jurisdiction of the courts.
