How To Challenge A Court Opinion

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How To Challenge A Court Opinion
How To Challenge A Court Opinion

Video: How To Challenge A Court Opinion

Video: How To Challenge A Court Opinion
Video: Supreme Court Hears Mississippi Challenge To Roe V. Wade | NBC News 2024, December
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For those who disagree with the court's verdict, in most cases, it remains possible to change its decision. This is done by filing a special complaint with a higher authority. At the same time, it is important to draw up all the necessary documents correctly and on time.

How to challenge a court opinion
How to challenge a court opinion

Instructions

Step 1

Determine how you can appeal the court decision. If it was accepted by the Justice of the Peace, then you will need to file an appeal against his decision. For courts of other levels, a cassation appeal is drawn up. In fact, these are similar documents. The difference lies in the fact that during the appeal process, the court can conduct a new investigation with the opening of additional circumstances of the case, and during the cassation at the session, only the materials presented and the legality of making a decision based on them are assessed. At the same time, the difference in the course of the process is not reflected in the preparation of the complaint - its structure remains unchanged.

Step 2

Start preparing your documents. It is important to do this on time; only ten days are given to appeal the sentence. If you do not have special training, involve a lawyer in the preparation of the complaint, otherwise the risk of its rejection will be very high.

Step 3

Write the complaint itself. Indicate the addressee correctly - the appeal should be sent to the district court, the cassation appeal - to the authority above. For the decision of the district court, this will be the regional, city or regional court. complaints about their decisions, in turn, should be sent to the Supreme Court of the Russian Federation, which also has a special cassation service. In addition to the addressee, include your name in the complaint, the name of the court you are not happy with, and the name of the case. State the essence of the solution, and then write what aspects of it and why you are unhappy. It is advisable to do this with references to specific laws.

Step 4

Pay the state fee for the complaint. You can find out the amount and details at the court secretariat.

Step 5

Submit the documents to the court, with the decision of which you disagreed. His staff will forward the complaint to a higher authority. After its consideration, if necessary, you will be summoned to the court session and the results of the new proceedings in the specified case will be reported.

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