Often the parties are dissatisfied with the decision taken in the case. The law establishes a deadline for appeal, after which the decision comes into force. Most decisions are reviewed by the appeal or cassation instance. To challenge the decision of the magistrate:
Instructions
Step 1
Receive a copy of the decision with the judge's blue stamp. The term for making a motivated decision is 5 working days.
Step 2
Write your appeal: - indicate the court to which you are appealing (federal district court), the names and addresses of the parties from whom the complaint is sent;
- the title must contain the number of the case and the date of the appealed decision of the magistrate.
- Formulate the grounds for the illegality of the decision: violations of substantive or procedural law, incorrect determination and assessment of the circumstances of the case. Give the specific arguments of the court, which form the basis of the court's decision, indicate the evidence of their incorrectness.
- formulate the requirements, that is, whether it is required to cancel the decision completely or change it in part, to terminate the proceedings
Step 3
Pay the state fee for the details for consideration in the district court. Information can also be posted on the stands of the site of the magistrate, the district court, the website of the district court.
Step 4
Attach copies of the complaint for the rest of the people involved in the case.
Step 5
In the event that a complaint is sent out of time, it must contain a request for the restoration of the time limit with an indication of the valid reasons for the delay.
Step 6
Send your complaint by mail or take it to the office.
