The decisions of the court, as a rule, are quite objective and based on the law, but this does not mean that the losing party will agree with the verdict. That is why, in the process of announcing a decision on a case, the judge must inform that it can be appealed within the time limit established by law.
Instructions
Step 1
If you disagree with the court decision, you can appeal it to a higher instance. The court of first instance is the court in which the case was tried. This is usually a magistrate or city (district) court. The difference between these options is that the magistrate considers issues in which the amount of the claim does not exceed 50 thousand rubles. In addition, he can resolve cases of divorce without disputes about children, the division of property in the amount of less than fifty thousand rubles, administrative cases and some minor criminal cases.
Step 2
If your case was heard by a magistrate, the appeal should be written to the city (district) court. But it is important to know that the actual complaint is given to the secretary of the magistrate. In the event that the case was heard in the city (district) court, the decision should be appealed to the regional court. The complaint itself is filed with the registry of the court in which the decision was made.
Step 3
You have thirty days from the date of the court decision to file your appeal. It should be borne in mind that in most cases the court of the next instance confirms the earlier decision. In addition, when filing a complaint, you can no longer change the claim, bring new persons to justice, or file a counterclaim. When submitting new evidence, you must explain reasonably why it could not be presented to the court of first instance.
Step 4
Even during the hearing of the case in the court of first instance, you should consider the possibility that you will appeal the decision. Therefore, during the process, make sure that all your motions are recorded in the file. In the event of a refusal on a petition, for example, to conduct some kind of examination, the fact of refusal may become the subject of consideration in the court of appeal.
Step 5
Based on the results of the consideration of the appeal, the court may fully or partially cancel the decision of the lower court, leave it in force, cancel the decision and dismiss the case, leave the complaint without consideration if the established deadlines are missed. The appellate court cannot remit the case.
Step 6
If you are not satisfied with the decision of the court of appeal, you can file a cassation appeal with the presidium of the court of the subject of the federation. The complaint is filed directly with the cassation court. You have six months to file a complaint. Please note that the cassation court does not consider the essence of the case, but the violations in the course of the previous proceedings. Therefore, in the complaint it is necessary to speak about them.
Step 7
First, the case will be considered by a judge of the cassation court. If he considers that the case is worth considering, it will be sent to the presidium of the court. In this case, you will be called and you will have to prove that serious legal violations were committed during the hearing. Based on the results of the consideration, the cassation court may uphold the decision, cancel it, make a new decision or send the case for a new trial.
