Within ten days from the date of the final judgment, you have the right to appeal against it and file a complaint with the cassation court. And in order for the complaint to be considered and not sent to a distant box, it is necessary to draw up it according to all the rules.
Necessary
- - a copy of the judicial act;
- - receipt of payment of state duty;
- - copies of the identity cards of the persons involved in the case.
Instructions
Step 1
Start by writing the name of the cassation court to which the complaint will be sent. Indicate the last name, first name and patronymic of the person filing the complaint, his procedural status (plaintiff, defendant, victim), as well as the address of his actual residence.
Step 2
Under the heading “Cassation Complaint”, begin the description of the first narrative. Indicate in it the court decision or sentence that you want to appeal, the name of the court that issued the decision or sentence, and the number of the case.
Step 3
Make up the motivation for the complaint. To do this, set out the necessary requirements for checking the legality of the contested act. State the reasons why you think the decision was unfair. Provide references to articles of law or regulations so that your objections are as substantiated as possible and confirm the illegality of the court decision. Please provide references to the circumstances and evidence of the appeal available in the case. The main motivation part should be as short as possible (no more than two pages of text), but set out clearly and without unnecessary emotions that can make it difficult to read the complaint.
Step 4
Proceed to drawing up the pleading part of the complaint. State the request to set aside the judgment and the requirements for the judgment in it. Write down a list of documents to accompany your complaint. Date and sign.
Step 5
Attach to the complaint a copy of the judicial act, copies of documents proving the identity of all persons involved in the case, a receipt for payment of the state duty.
