An objection to a cassation appeal is an important document required for a legal process. Many do not attach much importance to it, since they believe that in the materials of the previously considered case, everything is already indicated that the court at the stage of cassation proceedings will not go beyond the previously adopted decision and objections can be omitted. It should be noted that this is fundamentally wrong to reason. The court takes into account both the cassation appeal filed and the objections received against it.
Instructions
Step 1
The procedure for drawing up an objection to a cassation appeal is not regulated by Russian law. The law only states that the objection must be filed in writing. Copies of the objection are sent both to the court and to the persons who take part in the case.
Step 2
It is worth noting that the arbitration law provides a description of the "recall" that is submitted to the appeal. According to the same rules, it is proposed to draw up an objection to the cassation appeal. When writing an objection, it is necessary to indicate the name of the court to which it was sent, the person from which the objection is received (last name, first name, patronymic, address, contact phone number), indicate all other participants in the process.
Step 3
Further, it is necessary to study well the cassation appeal itself, identify weak and strong sides in it, as well as those facts that need to be refuted. For a better conduct of this process, you may need the help of a lawyer with special knowledge and skills.
Step 4
When writing an objection, it is necessary to make an indication of the cassation appeal, explaining when it was written and in what case. After that, state in the objection your arguments and interpretation of the facts specified in the cassation appeal. If possible, attach written or other evidence of the facts you specified, if any.
Step 5
Then the objection must be signed. It must be signed by the person participating in the case or his representative. In the event that the objection is signed by a representative, a power of attorney must be attached to it confirming his authority.
Step 6
The objection is filed with the court (court registry) with copies according to the number of persons who are parties to the case. In the arbitration process, objections can be sent to the parties by mail, registered mail with notification. Subsequently, notifications are provided to the court as evidence of the sending of these documents.
