A cassation appeal is filed to challenge the decision made by the court and re-consider the case. Also, a corresponding claim is filed if the court rejects the defendant's appeal.
Necessary
- - appeal;
- - materials-evidence in the case,
- - the civil procedure code of the Russian Federation.
Instructions
Step 1
The cassation process implies a review of the case and the judge's decision made on it by a higher court. The relevant complaint can be filed by the plaintiff and the defendant, as well as other persons who participated in the trial, including the prosecutor and lawyer. Almost any court verdict can be challenged, except for the conclusions made by the magistrate, which have their own appeal process.
Step 2
The right to file a cassation is valid within ten days after the announcement by the court of the decision made or the refusal of the appeal. The complaint must be sent to the same court that directed the proceedings in the case. Subsequently, the employees of the courts will independently decide how the case will be considered in the future.
Step 3
Make up the text of the appeal, indicating the name and address of the court to which you are sending the appeal. Also write your last name, first name and patronymic, as well as your current place of residence or registration address. Please state your complaint below and let us know why you disagree with the court's decision. If you are well versed in the law, refer to articles that were not taken into account by the court or violated during the trial. For example, if a civil dispute is being resolved, try to be guided by Article 362 of the Code of Civil Procedure of the Russian Federation, which indicates the main reasons for changing or canceling the decision. A qualified lawyer or attorney will help you write a text that is correct from the point of view of legislation.
Step 4
Attach to the appeal all materials that can change the process of the case and influence the decision in your direction, for example, evidence that has not been previously considered by the court. Transfer all documents to the court office and wait for them to be reviewed by the appropriate authority. If your reasoning is correct, you will be notified that the case has been reopened.
