The actions of the judge do not always satisfy the participants in the process. By law, they have the opportunity to file a private complaint with a higher court. But for the correct resolution of the conflict, it is necessary to know how such a complaint needs to be made.
Instructions
Step 1
Check if you can file an ancillary complaint in a particular case. This form of protest against the actions of a judge is permissible if the case is being considered in a court of first instance, for example, in a peace court. You can also complain if the judge unlawfully, in your opinion, refused to initiate a criminal case, or awarded you any fine. If you do not agree with the verdict of the court, then you should file not a complaint, but an appeal.
Step 2
Write your complaint text. It must contain the surname, name and patronymic of the applicant, his address. Next, you should state the essence of your complaint. At the same time, it is advisable not only to express your emotional state, but also to refer to specific laws and regulations, which, in your opinion, do not correspond to the judge's decision. After that, write what solution to your problem you want to achieve. At the bottom of the text, you will need to put the date and signature. You can also attach documents to the text confirming the correctness of your position.
Step 3
If you are worried that you will not be able to write a legally sound complaint yourself, contact a lawyer. He will help you compose the necessary text. The role of such a lawyer may be the lawyer who represented you during the process with the contested judge's decision.
Step 4
Submit your complaint and documents to a higher court. For example, for a magistrate, it will be a district court. You can come there in person at office hours or send a package of documents by mail. In the latter case, it is advisable to send them by registered mail with acknowledgment of receipt.
