How To Write A Complaint To The Cassation Court

Table of contents:

How To Write A Complaint To The Cassation Court
How To Write A Complaint To The Cassation Court

Video: How To Write A Complaint To The Cassation Court

Video: How To Write A Complaint To The Cassation Court
Video: How to Draft a Complaint 2024, December
Anonim

Considering the fact that in our bureaucratic country the same bureaucrats treat this very bureaucracy quite irresponsibly, any document should be written so that it can be read and not sent to the trash can. Moreover, the document should not only be read, but also should make you agree with your opinion.

How to write a complaint to the cassation court
How to write a complaint to the cassation court

Necessary

The court's decision; the case in which the trial took place; minutes of meetings; articles of the law on which the decision was made

Instructions

Step 1

First, figure out what exactly is the discrepancy between your personal opinion and the decision made by the court. This will help you understand how eligible you are to appeal the decision.

Step 2

Check the legal deadline for filing a complaint. You have two months from the date the court makes the appealed decision. If you manage to do everything on time, then start studying the court decision. Look carefully at the presence of all the necessary signatures in the court decision and in all the minutes of the meeting. If you have any doubts or disagreements about something, then reflect all this in the complaint.

Step 3

Carefully study the documents that are attached to the case. Check them for compliance of the materials in the case with the court decision. All the conclusions of the court must be consistent with the evidence attached to the case. Make notes of what evidence in the case does not match the court's findings.

Step 4

Examine court practice that is similar to this case. This will give you the opportunity to analyze the situation, looking at it from the outside, as well as pick up compelling arguments.

Step 5

When writing a complaint, use legal terminology, excluding emotions and insults in the text of the complaint. This will only be a minus when it is considered by the court. Be succinct in your claims.

Step 6

In the main part of the document, indicate the date of the decision, as well as information on which case and by which court it was issued.

Step 7

Describe in detail what the court's decision was. State the reasons why you disagree with a decision that you believe is illegal and unfair. It will be a big plus if you support your opinion with legislation with specific references to articles of the law.

Step 8

Then write the requesting part, which should include information about your request. Most often it is a request to cancel a court decision.

Step 9

Pay the state fee. Find out the size and details in the court office.

Step 10

Attach the following documents to your complaint: a copy of the judicial act; receipt of payment of state duty; a copy of the cassation appeal; a power of attorney confirming the right to sign the cassation appeal.

Step 11

Submit your cassation appeal to the court with copies of documents according to the number of participants in the appeal.

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