In accordance with the Civil Procedure Code of the Russian Federation, a cassation appeal may be filed by persons participating in the case against decisions of all courts of first instance, except for decisions of justices of the peace. It is not so difficult to draw up a cassation appeal. The main requirements for its content are enshrined in the Code of Civil Procedure of the Russian Federation.
Instructions
Step 1
If you disagree with the court's decision, you are entitled to appeal by law within ten days from the date the court makes the final decision. If you are afraid to miss the deadline for filing a cassation appeal, file a preliminary cassation appeal. Indicate in it that you do not agree with the court's decision, and provide the full text of the complaint after the decision is made by the court in its final form and received by you.
Step 2
File a cassation appeal with the court that decided on your case - sending documents to the Supreme Court is no longer your concern. You will be notified that your complaint has been sent to the Supreme Court. If you filed a preliminary cassation appeal, the court that accepted the document will issue a ruling according to which you will need to correct the shortcomings (that is, provide the full text of the appeal) within a certain period.
Step 3
At the top of the document, indicate the name of the court to which you are submitting the cassation appeal, as well as your data (last name, first name and patronymic, registration or actual residence address). It is not necessary to indicate the phone number, but it is better to have it - this will make it easier for the court staff to contact you.
Step 4
In the text of the document, indicate which court decision you will appeal. Write when, by what court and on what case the decision was made. Note who and to whom the claims were made, what was their essence. State the reasons and arguments in favor of the fact that the decision in the case was made incorrectly, support your statements with references to the provisions of regulatory legal acts. Your arguments must be substantiated and have proof.
Step 5
Indicate which articles give you the right to appeal the court decision, state clearly and clearly the essence of your petition (cancel the entire court decision, sending it for a new consideration, or change it). List the documents that you attach to the cassation appeal as evidence of the illegality of the decision, and, of course, attach them. Sign the cassation appeal, set the current date.
Step 6
If you need to pay a state fee to file a cassation appeal, pay it and attach the receipt to the documents you are submitting. The cassation appeal must be drawn up in two copies. Apply with the finished documents to the court office, give one copy to the court employee, make sure that on the second document you have put a mark on the acceptance of the cassation appeal. If you are sending a cassation complaint by mail, for safety reasons, send documents with notification and with a list of attachments. Keep your shipping documents pending Supreme Court review.
