How To File A Cassation Appeal In A Civil Case

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How To File A Cassation Appeal In A Civil Case
How To File A Cassation Appeal In A Civil Case

Video: How To File A Cassation Appeal In A Civil Case

Video: Writing a cassation appeal in Azerbaijan 2022, November
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Situations often arise when the court's decision does not meet our expectations and does not suit us at all. In this case, you need to act. One of these actions is the ability of a citizen to write a cassation appeal.

How to file a cassation appeal in a civil case
How to file a cassation appeal in a civil case

Instructions

Step 1

Cassation can be filed against a decision of any court, except for only a peace court. The decision of the Justice of the Peace is first appealed, and then cassation, and only subject to the procedural deadlines.

Step 2

If a citizen is going to appeal against an action by a regional or city court, then the complaint must be sent to the regional (regional) court. If the decision of the regional (regional) court is subject to appeal, the complaint is filed with the Supreme Court of the Russian Federation. You can complain about the decision of the Supreme Court to the Cassation Board.

Step 3

The cassation instance is generally engaged in checking the legality of the court decisions that have already entered into force, It can send the case for reconsideration, the appeal, by the way, does not have such powers. But it should be borne in mind that the appeal has no right to examine new evidence. Six months after the entry into force of the court ruling is the deadline for filing a cassation appeal.

Step 4

Initially, the complaint must be filed with the court whose decision you are appealing against. Then this court performs certain procedural actions and redirects the complaint to the right authority.

Step 5

Any party involved in the process can file a complaint, i.e. the plaintiff or the defendant, as well as their representatives with a power of attorney. Also, a complaint can be filed by a third party participating in the process. And, of course, the prosecutor, who has the authority to bring a cassation presentation.

Step 6

The cassation appeal indicates the full name of the complainant, the name of the court where it is submitted, the essence of the complaint, indicating the number and date of the court decision, with which the applicant does not agree. It is necessary to specify in detail and point by point why you consider the court's decision illegal, since you cannot rely only on your subjective opinion when writing the appeal. All grounds for changing or canceling a court decision are described in Art. 362 Code of Civil Procedure of the Russian Federation.

Step 7

And at the end of the cassation appeal, it is necessary to indicate the requirements for the court. Those. if you want to cancel the court decision, to consider it again in the court in which it was originally considered, or to terminate the proceedings.

The cassation appeal is signed by the applicant or his representative.

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