An appeal in domestic legal proceedings is called an appeal against decisions that have not yet entered into legal force on the basis of a court decision.
Instructions
Step 1
You can appeal against a court decision in civil, criminal and arbitration proceedings. The appeal can be complete or incomplete. A full appeal provides for a full review of the entire case. In fact, the court considers materials in the same way as any court of first instance, from scratch. An incomplete version of the appeal is a revision of the materials of the court proceeding only in the part on which the application for the appeal of the court decision was drawn up.
Step 2
The appeal procedure consists in checking and detailed consideration of the decision made by the lower court. For a verdict or ruling adopted by a court of general jurisdiction, the appeal instance is the district court, then the courts of the constituent entities of the Russian Federation. Arbitration proceedings are reviewed in specialized arbitration courts.
Step 3
If you consider the decision of the magistrate to be wrong or unlawful, you can appeal it to the district court by filing a complaint through the judge - both the parties involved in the consideration of the case and other persons can file it. The law gives ten days from the date of the decision by the judge to file such a complaint.
Step 4
When drawing up your appeal, do not forget to indicate:
- the full name of the court to which you are sending the application;
- your name, place of registration and place of residence, if they differ;
- a detailed description of the previously considered case, as well as your claims and arguments that you can give in confirmation of the need to change the adopted court decision;
- attach a receipt for payment of the state fee.
Attach documents that you think may be relevant to the resolution of the case. You do not have the right to supplement or change the requirements (in the case of a revision of civil proceedings) that were previously stated by you.
