Whatever the court's decision, one of the parties will still be unhappy with it. And if you think that a decision made not in your favor is unfair and unreasonable, you have the opportunity to appeal it to a higher authority. To do this, you must correctly draw up and file an appeal.
Necessary
- - the court's decision;
- - data of the persons participating in the case;
- - Civil Code.
Instructions
Step 1
Indicate in the appeal the following data: the name of the arbitration court to which it will be filed; the name of the person who is filing the appeal, as well as all persons involved in the case; the name of the arbitration court that made the contested decision.
Step 2
Write down the case number and the date the decision was made. Also, the appeal must contain the subject of the dispute.
Step 3
List all the requirements the complainant has and the grounds on which the decision should be appealed. This clause must contain references to laws and other regulatory legal acts.
Step 4
Describe in detail the circumstances of the case and the evidence related to it.
Step 5
Write a list of documents to accompany your complaint. You can also provide phone numbers, fax numbers, e-mail addresses and other information that may be necessary or useful in considering your case.
Step 6
Send copies of the appeal with attached documents, which they may not have, by registered mail with notification to other participants in the case. Or hand them all the documents in person against receipt.
Step 7
Attach the following documents to your appeal: a copy of the contested decision; a receipt for payment of the state fee or a petition, which is a confirmation of the provision of a deferred payment; a document confirming that copies of the appeal and the documents attached to it were received by other persons participating in the case; power of attorney confirming the right to sign the appeal.
Step 8
Submit your appeal no later than one month after the decision is made by the arbitral tribunal of first instance. If this deadline has been missed, you can file a petition for its restoration to the arbitration court of the appellate instance. The decision may be positive, provided that the application is submitted no later than six months from the date of the contested decision and if there are valid reasons for missing the deadline.
Step 9
Submit the appeal, signed by the person filing the complaint, or his authorized representative, to the arbitral tribunal that made the decision at first instance. This court, in turn, must transfer the document together with the case under consideration to the arbitration court of the appellate instance no later than three days from the date of its receipt.
