Appeal: peculiarities of drafting and filing
An appeal is a special document that is submitted to arbitration in the event that the decision of the court of first instance does not satisfy the claimant or the defendant. There are certain rules and conditions for this procedure.
The concept of appeal
A large number of court sessions are held daily in our state. Naturally, their decision does not always please the respondent or the claimant. Therefore, each of them for a certain time has the right to appeal against the court ruling. For this, and used the appeal. It is submitted to the court, which is one step higher, and through the body that made the primary decision. It should be noted that both the prosecutor and the defendant’s lawyer (defendant) can make an appeal. In general, this submission is a way to change the ruling of the court of primary instance, with which the parties disagree.Filing a complaint must be conducted in a strictly defined order, with all accompanying documents. In addition, it must be properly framed and sent in time.
What you need to specify in the document?
In principle, you can use the sample provided by your lawyer. Naturally, it must be correctly filled out and contain certain information:
- The name of the court of appeal to which the paper will be sent.
- Date of writing.
- Name, postal and contact details of the person who decided to file a complaint.
- Correctly and specifically stated requirements. It also indicates those points of the previous decision with which the person does not agree. He should write why he is not satisfied with the first conclusion.
- Justification of the requirements that are imposed.
- Request for reexamination of evidence or search for new evidence (if needed).
- A list of all related materials and documents. In addition, it is necessary to state in the paper whether the person who submitted the application wants to participate in the court session. If the statement contains new evidence, it is necessary to explain why it was not used before.
Naturally, the document must be signed by the person who submits it, or his legal representative.
Features of the complaint
So, you can send the submitted paper to the relevant authorities within one month after receiving the decision of the court of first instance. If everything is arranged correctly, the receiving party must accept the document for consideration within 5 days. There are other deadlines for filing and receiving a complaint provided by law in individual cases. The submitted document is issued only in writing. No other form of writing paper is accepted. It should be noted that the appeal may be dismissed for certain reasons, which will be discussed below. In addition, you can independently revoke the document if a compromise has been reached between you and the other party.
In order for your application to be accepted, it is necessary to attach a list of necessary documents to it:
- the decision of the court of primary instance with which the applicant does not agree;
- copies of complaints based on all persons who participate in the case;
- a receipt for the delivery of the document to the appropriate authority, as well as a paper confirming the payment of the state duty (if necessary);
- power of attorney in the name of the person who represents the applicant (that is, his credentials must be notarized).
When does a court reject a petition?
There are situations where an appeal can be dismissed or left without consideration. This happens under these conditions:
- the document is submitted to a decision that cannot be appealed in the arbitration court in accordance with the current legislation;
- the complaint is filed by a person who does not have the right to send it as part of the appeal proceedings;
- if, before consideration of the document, a petition was submitted for his return;
- the complaint was sent after the 30-day deadline, especially if a petition was not filed to restore the missed time;
- insufficient grounds for the opening of a new judicial proceedings.
If the complaint is rejected, the applicant must be notified. In this case, the court must return the paid state duty to him.
Features of refusal of the filed complaint
There are situations where the parties come to some kind of consensus. Then the filed appeal to the arbitral tribunal can be returned. However, this does not mean that you can not apply again. Naturally, the refusal must be submitted in writing to the authority where the complaint had previously been written. Of course, the court may also refuse to satisfy the petition. Most often this happens if the complaint is written or framed incorrectly. If you have submitted all the necessary documents, evidence and justification, as well as completed the deadline, then the application should be considered as soon as possible.
In which cases it is possible to restore the missed period of appeal against the first decision?
Sometimes the applicant for any reason misses the deadline for filing a complaint to the arbitration court. However, this does not matter at all, as he has the right to restore this period. However, the reasons must be truly valid. For example, you can restore the filing deadline if it was missed due to a serious illness, serious condition, illiteracy of the applicant.In addition, there are cases where a person receives a copy of the first court decision after the appeal has expired. Also sometimes there is a lack of explanation of the right to file an appeal in the body that issued the previous opinion. Naturally, there are other reasons provided by law, which allow you to appeal the decision after the time of departure of the petition has passed.
If the applicant does not have legal knowledge, he may suffer with filing a complaint for a very long time. Therefore, it is necessary to pay attention to some of the nuances of this procedure. Frequent denials of petitions may occur due to improper processing of the application, as well as low office culture when the appellate court simply does not consider the complaint. Moreover, failures are not always justified. So, if you decide to apply with such a request to a higher instance organization, then you need to pay a state fee. At the same time, do not be lazy to open a receipt, as well as all other documents that you submit. If the court returned the document for a reasoned reason, it must be appealed.After you have heard the resolution of the court of first instance, try to immediately submit a brief appeal, which will allow you to prepare for a basic appeal. You need to apply for a review of the decision through the organization that issued it. If you think that you were denied illegally, then you may have written an appeal against the decision of the arbitral tribunal. There are many other nuances that should be clarified before you decide to appeal the first report. Good luck!