The participants in the trial can challenge the judge's decision by filing a cassation appeal. However, sometimes situations arise when the deadline for filing a complaint expires, and the party does not have time to take the necessary measures. If the time was lost for a good reason, the deadline for filing a cassation appeal can be restored.
Necessary
- - an application for the restoration of the deadline for filing a cassation appeal;
- - copies of the ruling and decision of the court;
- - documents to confirm a valid reason for missing the deadline for filing a cassation appeal.
Instructions
Step 1
Draw up a statement on the restoration of the deadline for filing a cassation appeal, guided by the relevant procedural code of the Russian Federation. In the document, tell us what the decision was made, indicate the number of your case. Next, write about your disagreement with the ruling adopted by the court and let us know why you did not appeal the court ruling within the prescribed time frame. Link to related articles. Remember that only an indication of the current regulations will be evidence and will be able to confirm the legality of your actions. Tell us about the request to restore the deadline for filing a complaint and write the date of filing the application. Sign yourself personally.
Step 2
Attach copies of the court ruling and decision to your court statement. The documents must be certified by the same court. Also attach to the application a receipt for payment of the state duty (this can be done, for example, in Sberbank, having received the details in court). Make the required number of copies of the application in accordance with the number of participants in the process.
Step 3
Prepare all documents that explain why you missed the deadline for filing an appeal. These may include travel certificates, sick leaves, and other evidence that you are right. The reasons for the absence must be valid in order for the court to allow an extension of the appeal period.
Step 4
Submit the application and accompanying documents to the trial court of first instance. It will be considered at the next court session. The court is obliged to notify the date of its holding to the other participants in the process, however, the failure of one or more of them to appear will not affect the decision by the court of the issue of restoring the deadline for filing a complaint. Please do not hesitate to file a procedural complaint with a court order after obtaining appropriate permission.
