When considering a civil case in the first instance, courts of general jurisdiction issue rulings both to resolve emerging issues and if the consideration of the case does not end with a decision. Since the court rulings affect the interests of the persons participating in the case, sometimes it becomes necessary to cancel them. How to do it?
Necessary
- - ruling of the court of first instance;
- - a receipt for payment of the state duty.
Instructions
Step 1
Write a private complaint to the appellate court. This is possible if the court ruling interferes with the further progress of the case, as well as if the possibility of appealing a specific type of ruling is provided for by the Civil Procedure Code (Code of Civil Procedure of the Russian Federation).
Step 2
When considering a case in the first instance by a justice of the peace, file a private complaint with a district court, with a district court - with a regional and equivalent court.
Step 3
Indicate the name of the court to which you are addressing the document. If you are acting on behalf of an organization, please provide its full name and location. If you are filing a complaint as an individual, write your last name, first name, patronymic and address of actual residence. This information, as well as the case number assigned to it in the first instance, indicate in the "header" of the private complaint.
Step 4
Write below the "heading" the name of the document - "Private Complaint" with a capital letter or using the CapsLock key, orient the inscription in the center. Here, in the title, indicate which determination you are going to appeal against. For example, "Private complaint against the determination of the Leninsky District Court of the city of Ensk dated 04.10.2011"
Step 5
State the grounds in the text of the private complaint on which you consider the court's decision to be incorrect, with reference to the law. In particular, draw the court's attention to the discrepancy between the definition and the provisions of Chapter 20 of the Code of Civil Procedure of the Russian Federation. In conclusion, formulate the requirement to cancel the ruling of the first instance court in whole or in part and to resolve the issue on the merits.
Step 6
Sign a private complaint. If you are acting on behalf of an organization, seal the signature of the manager.
Step 7
Observe the deadline for filing an ancillary complaint - 15 days from the date of the ruling by the court of first instance.
Step 8
Pay the state fee, the amount of which is determined by article 333.19 of the Tax Code of the Russian Federation.
