An Appeal: Where And How To File It

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An Appeal: Where And How To File It
An Appeal: Where And How To File It

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The adopted decision of the court can be appealed against in the court of second instance. It is possible to defend your point of view by filing an appeal to a higher court.

An appeal: where and how to file it
An appeal: where and how to file it

Instructions

Step 1

An appeal session is a full-fledged trial, in which not only those documents and evidence that were presented to the court of first instance, but also new ones can be considered (do not confuse with the consideration of a case on newly discovered circumstances). That is why the preparation of an appeal must be approached almost more responsibly than the preparation of the initial statement of claim.

Step 2

As with any application to the court, the appeal begins with the writing of the full name of the judicial authority that is to consider the case. It is important to correctly determine which court to send the complaint to, and also correctly write the name of the appellate instance. Remember that although the appeal is filed with the same court that made the contested decision, the heading must include the name of the higher court. So, if you appeal the decision of the magistrate, you need to indicate the federal court of general jurisdiction as superior.

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Step 3

When challenging the decision of the district court, a complaint must be filed in the city. If the decision was made by the city - the challenge takes place in the district or regional. The highest judicial body of this link of the judicial system is the Supreme Court of the Russian Federation, however, it considers both appeals and cassations only in the case of passing all the previous stages, exceptions are in the case of cases of particular importance or resonant.

Step 4

However, the decision of the Supreme Court can be revised, but only by its own Board of Appeals and only that which was adopted by the Supreme Court at first instance (in other words, if the case was considered not by a district or regional court, but by the Supreme Court).

At the building of the Supreme Court of the Russian Federation
At the building of the Supreme Court of the Russian Federation

Step 5

Please also note that in the case of arbitration, the rules are not of the Civil Procedure Code, but of the Arbitration Procedure Code. The appeal is very formalized, therefore, the claim can be left without movement at the slightest inaccuracy in the statement or inadequacy in the statement of requirements. As in civil proceedings, the appeal is filed through the court that made the first decision. But unlike courts of general jurisdiction, arbitration has special Appellate Courts, which are created on a territorial basis: two per district. Accordingly, the complaint must be filed with the Arbitration Court of Appeal to which you geographically belong (you can see it on the arbitration website).

Step 6

Cases to which the military are parties are considered by the military courts of garrisons - at first instance, districts or military formations and groups of troops - on appeal. The Military Collegium of the Supreme Court of Russia is the final link and the highest judicial body for military courts.

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