An appeal is a document drawn up by a party to the case (the accused, the victim, the civil plaintiff, the defendant, etc.), which believes that the court's decision has violated their rights. The appeal is carried out in order to protect these rights and cancellation of an unlawful court decision that has not entered into legal force. Only the decisions of the magistrates' court can be appealed on appeal.
Instructions
Step 1
The procedural legislation of the Russian Federation provides for the procedure for appeal, but there is no mention of how the appeal should look correctly. It is only established that it must be in writing. The complaint is filed with the magistrate's court, which made the initial decision in the case. The justice of the peace independently transfers it with all the materials of the case to the district court for appeal.
Step 2
The writing of an appeal is subject to the general rules of clerical work. First you need to fill in the so-called "header". In you need to indicate the name of the magistrate court (number of the court site) to which it is submitted, the applicant's data, his procedural situation in the case, the address of residence, the data of other parties in the case.
Step 3
Next, indicate the type of document - "appeal". Then, in a free style, state the essence of your message. Here you need to briefly describe the essence of the case and the results of its consideration (the decision made), also indicate the violations identified (ideally with links to articles), by whom and when they were committed. When new evidence appears that can affect the previously made decision, you need to indicate it and attach it to the complaint. Next, you should make your request to eliminate the violations and cancel the unlawful decision. Then sign the finished complaint, put the date on which it was drawn up. The complaint must be signed by the applicant with his own hand (or his representative). If the complaint is signed by a representative, then, among other attached documents, there must be a notarized power of attorney confirming his authority.
Step 4
Objections to an appeal are written after it is received by the court (after it has been submitted to the parties for review). The writing of the objection is subject to the same rules as the writing of the complaint itself. The only difference will be its text, which will describe the circumstances refuting the arguments of the appeal. The objection must be filed in the same court in which the appeal hearing of the case will take place before the first court session.
