The Magistrate's Court in civil proceedings most often considers various property disputes. In addition, he has jurisdiction over cases of administrative offenses. If the process ended with a judgment not in your favor, you can challenge it in a second instance court.
Necessary
- - the decision of the magistrate;
- - evidence in the case.
Instructions
Step 1
Prepare an appeal to the district court, the name of which can be found out from the operative part of the decision of the magistrate in your case. Indicate it as the destination in the upper right part of the document. Then write your last name, first name, patronymic, place of residence and role in the process (plaintiff, defendant).
Step 2
Indicate in the text the date of the decision, the surname, name and patronymic of the judge, the essence of the case. Next, state your position, give the reasons on the basis of which you consider the court document to be unreasonable or illegal, referring to the normative acts. Ask the court of second instance to reconsider the case. Do not forget to attach written evidence to prove your case and indicate their list in the final part of the text.
Step 3
Make copies of the complaint and its annexes in the number of participants in the process plus 1 copy for the court. Submit your appeal to the magistrate court that issued the contested decision within 10 days from the date of its adoption. Pay the state fee if the dispute is of a property nature and is subject to assessment.
Step 4
If the complaint is filed in accordance with the requirements of the law, the magistrate will refer it to the district court. Otherwise, it can be returned to eliminate the shortcomings, and then sent to the court of second instance for consideration on the merits of the case. During the process, you can present new evidence and previously unrecognized facts.
Step 5
However, you can withdraw your complaint in writing until the court has made a decision on it. Then, on the basis of your application, a refusal decision will be made.
Step 6
The decision of the court of appeal, which has entered into legal force, can be challenged by way of supervision in a higher court. Prepare a supervisory complaint that should contain:
- the name of the court to which it is addressed;
- your last name, first name, patronymic, place of residence, procedural role in the case and the same information about other participants in the process;
- an indication of the courts of first and second instance and their decisions.
Indicate which substantive and procedural rules of the law were violated during the issuance of court orders, and submit a request for a reconsideration of the case.
Step 7
Attach copies of court documents certified by the Justice of the Peace to your supervisory complaint. Make copies of the complaint and its annexes according to the number of persons participating in the case, and send the documents to the Presidium of the Supreme Court of the constituent entity of the Russian Federation within 6 months from the date of the unjust decision from your point of view.
