How To Appeal A Court Decision

Table of contents:

How To Appeal A Court Decision
How To Appeal A Court Decision

Video: How To Appeal A Court Decision

Video: Appealing a Court Decision 2022, December
Anonim

If the court decision in your case does not suit you, but you do not have a legal education and do not know how to fix the situation, do not despair. Everyone can appeal against a court decision; it is only necessary to know some of the provisions of the law regarding appeal.

How to appeal a court decision
How to appeal a court decision

Instructions

Step 1

Let's look at an example of an appeal against a decision of a court of first instance in a civil case. This will be an appeal against the decision of the magistrate (according to the law, justices of the peace consider divorce cases, if there is no dispute about children, cases on determining the procedure for the use of property, cases on property disputes, with the exception of inheritance cases, and some others, as listed in Article 23 of the Civil Code of Procedure) or a decision made by a district court. There are two procedures for appealing against court decisions - appeal and cassation.

Step 2

The decisions of justices of the peace can be appealed to the district court on appeal through the magistrate. This means that the appeal must be brought to the office of the magistrate who initially considered your case. The appeal is filed within 10 days from the date of the decision by the Justice of the Peace. Such a complaint must contain the name of the district court to which it is addressed, the full name or name of the person filing the complaint, an indication of the contested decision with justification, the essence of the request and a list of attached documents (receipt of payment of the state fee, copies of the complaint for other persons involved in the case) … The justice of the peace checks the complaint for compliance of its content with the requirements of the law, sends copies to other persons involved in the case and, after the 10-day appeal period expires, transfers it to the district court.

Step 3

After considering the appeal, the district court may leave the decision of the magistrate unchanged, change the decision of the magistrate, cancel it in part, or make a new decision. The court may also leave the application without consideration or terminate the proceedings. The appeal ruling comes into force on the day of its adoption.

Step 4

If the court of first instance in your case was a district court, then you have the right to file a cassation appeal to the next court instance - the regional, regional court, the court of the republic, depending on the region. The content of the cassation appeal roughly repeats the content of the appeal, with the only difference that it is required to attach documents proving your position. The district court sends copies to the other persons involved in the case and, after the 10-day appeal period has elapsed, sends them to the district court.

Step 5

Based on the results of consideration of the cassation appeal, the court may leave the decision of the first instance court unchanged, cancel it in whole or in part, send the case for new consideration to the first instance court, make a new decision on its own, leave the application without consideration or terminate the proceedings. The cassation ruling, like the appeal ruling, comes into force from the moment of its issuance.

Step 6

The decisions and rulings that have entered into force can be appealed against in the order of supervision to the higher courts within six months. To do this, it is also necessary to file a complaint indicating violations committed by the courts of previous instances. The supervisory court must consider the complaint within a month (with the exception of the Supreme Court) and make a ruling on its transfer for consideration or refusal to do so. In the event of its transfer for consideration, the court must issue within one month a decision that cancels the decisions of the courts of previous instances in whole or in part, send the case for a new trial, leave one of the decisions in force, adopt a new court decision.The supervisory court may also leave the application without consideration or terminate the proceedings. The decision of the supervisory instance court comes into force from the day of its adoption.

Popular by topic