The magistrate can make a ruling in both civil and criminal cases. If you think that it is not sufficiently substantiated, does not meet your interests, or even illegal, the decision made by the judge must be challenged on appeal.
Instructions
Step 1
You can appeal against the decision of the magistrate within 10 days from the moment of its announcement in the courtroom. The operative part of the decision always indicates which court you can appeal to to appeal it. If you are not sure that you can competently file a complaint yourself, seek help from a lawyer or your legal representative.
Step 2
Take a blank A4 sheet of paper to file your complaint. In the upper right corner of which, indicate the name of the court to which the complaint is addressed, your personal data, including passport, residence address and phone number where you can be contacted. In the main text of the document for appealing the decision of the magistrate, indicate all your demands and grievances based on the provisions of the current legislation. Be sure to attach to the complaint all certificates and documents confirming your arguments. Do not forget to include the date of the complaint and sign your name.
Step 3
If your complaint is made up with errors or violations, the Justice of the Peace can leave it motionless, giving you time to correct all inaccuracies.
Step 4
After examining your appeal, the court has the right to leave your application without consideration or terminate the proceedings altogether.
Step 5
If your complaint is nevertheless accepted for consideration, on its basis a new trial is appointed, during which new evidence and evidence on the case under consideration may be presented. After consideration by the court of all new circumstances in the case and hearing the testimony of the parties, a new decision is made.
Step 6
You have the right to appeal not all the decision of the magistrate, but only some of it, for example, the size of the claim, or the violation of the rights of the participants in the trial.
