The time frame for appealing a court decision depends on the type of complaint being filed. Usually, these terms are legally tied to the date of issuance of the contested judicial act, it is from this day that the period for filing a complaint is counted.
The time frame during which any party in a civil proceeding can appeal against a court decision is determined by the type of complaint filed. These periods are enshrined in the current civil procedural legislation, and the indicated periods are counted from the moment of the adoption of judicial acts in their final form or entry into force. So, the term for sending an appeal is a month, this period starts from the date of the final decision on the case by the court of first instance. It should be borne in mind that the issuance of a final decision is considered to be the publication of its full version, including a descriptive, motivating and operative part.
What is the time frame for filing a cassation appeal?
A longer period is established for participants in civil proceedings wishing to file a cassation appeal. In this case, the relevant document is sent to the court of cassation within six months from the date the contested judicial act enters into legal force. The filing of a cassation appeal is accompanied by some additional conditions, one of which is the applicant's exhaustion of the previous methods of challenging the court decision (in particular, its appeal on appeal). The long term for filing a cassation appeal is due to the fact that this type of challenging a judicial act does not affect its entry into legal force and execution.
What is the time frame for filing a supervisory complaint?
Submission of a supervisory complaint is possible only when challenging certain types of court decisions, definitions that are enshrined in the Code of Civil Procedure of the Russian Federation. The deadline for filing the said complaint is three months after the date of entry into legal force of the contested act. This type of complaint also does not affect the entry into force of court decisions, does not suspend their execution. The designated deadlines for sending a supervisory complaint, other types of complaints can be restored if there is a written request (petition) of the interested person in case of missing them. In this case, the applicant of the relevant complaint will have to prove the validity of the reason for missing such deadlines, submit supporting documents (for example, certificates from a medical institution about being treated for an extended period of time). When the deadline is restored, the complaint will be accepted for processing and considered according to general rules.
