Under a court order, a single decision is raised, made by a judge in the framework of resolving an issue related to the conduct of civil or criminal cases (for example, a decision to schedule court hearings, to terminate a trial, etc.). Also, decisions are made as decisions based on the results of consideration of administrative offenses. If you disagree with the content of the court order, you can appeal it.
Instructions
Step 1
Depending on who issued the order, the appeal procedure may differ. So, if we are talking about a ruling issued by a magistrate, it can be appealed by filing an appeal. Both the plaintiff and the defendant have the right to express their disagreement with the issued decision. Address your complaint to the district court. Judgments made by any other court are subject to appeal in cassation.
Step 2
Observe the deadline for appealing. The deadline for filing a complaint (appeal or cassation) should not exceed 10 days from the date of the decision. If, for any objective reasons, you do not have time to file a complaint within 10 days, when filing after this period, it should be supplemented with an application for an extension of the term, indicating the objective reasons for the extension.
Step 3
Don't be surprised at the "movement" of your document. Send your complaint to the court of second instance, but at the same time file (give it to the office) to the court where the controversial decision was made. This procedure is associated with the objective lack of materials for consideration in the second instance. In the court where the case was initially considered, all the necessary set of documents and materials on the basis of which the decision was made will be attached to your complaint, and the complaint will be redirected to the addressee, that is, to the court of second instance.
Step 4
There are no special requirements for the format of the complaint, therefore, it can be drawn up in any form, but remember the requirements for the mandatory components of the document. Your complaint must necessarily contain the following information: the court to which the complaint is sent (for the appeal - the district court, for the cassation - the court of second instance); your passport details, data on the court order, which is subject to appeal; arguments against the correctness of the adopted court decision; an inventory of the attached documents.
Step 5
Sign your complaint personally. Proceedings are not much different from those held in the first instance court, with the exception that the second instance court ruling will enter into force from the moment it is issued. If your reasoning is substantiated, the court will issue an order to overturn the previous judgment.
