The magistrate may rule on civil and criminal matters. Sometimes this decision is made along with the verdict. The legislation allows the parties to appeal this procedural document.
Instructions
Step 1
You can resolve the issue of appealing against the judgment within ten days from the date of its issuance and proclamation in the courtroom. Ask a lawyer or legal representative for help. Such a document is empowered to draw up by the prosecutor who draws up the complaint or presentation. The document is attached to the case file. Further, he is sent for further consideration to the district court, where the issue of satisfaction or refusal of the parties' claims is resolved on appeal.
Step 2
Take a sheet of A4 paper. In the upper right corner, indicate the name of the court, your own data, address, telephone. Please include in your complaint your legal requirements. Date and sign.
Step 3
If your complaint is accepted for consideration, a new trial is scheduled with the timely notification of the parties. In the federal district court, after examining all the evidence, questioning witnesses, questioning the parties, a new verdict or a court decision on the disputed issue is passed. The main difference between the appeal procedure and the cassation review of the case is that in the first case the case is considered anew, from beginning to end, in the second - only in a special order.
Step 4
At the hearing, the judge listens to the arguments of the parties, replies are given, if necessary, then retires to the deliberation room, where, on the basis of internal conviction, a comprehensive hearing of the case, examines the evidence and testimony of the parties during the trial, makes his own decision on a specific case.
Step 5
You do not have the right to appeal against the entire order; you can only challenge part of it. For example, the fact of conviction, violation of the rights and legitimate interests of the participants in the process, the amount of claims. Parties, civil claimant, defendant, etc. can only file a complaint. Writing a submission is subject only to the prosecutor's office.
