As a general rule, the time for consideration of a civil case by courts of general jurisdiction should be no more than two months from the date of receipt of the relevant application. There are also exceptions. For example, cases of reinstatement in the workplace and the demand for alimony should be considered no later than a month.
Period of time
For a quicker and more detailed resolution of the issue on the application of the Code of Civil Procedure, the court has set certain deadlines for considering a civil case, which, in turn, depend on the content of the claim.
This period of time is not constant, because depending on the complexity of resolving the case, the judge may increase the time frame for its resolution. Moreover, this applies to cases where the plaintiff increases or changes his requirements. In addition, additional time may be necessary for the court in order to examine in detail the evidence presented by the parties and the evidence of the witnesses. Nevertheless, the terms of consideration of a civil case should not go beyond the limits established by law, unless, of course, otherwise provided by the Code of Civil Procedure of the Russian Federation. Therefore, the total period of time here is up to two months. This is enough to carefully study all the documents and accept the application for production.
However, the time limit for consideration of a civil case by a justice of the peace is limited to only one month. The same rule applies to resolving issues related to reinstatement in the workplace and to recover child support.
In reduced time
Each application received by the judicial authority is considered and accepted for production only after a certain time period, necessary for its detailed study. If the document is correctly executed, it will be accepted for production without returning to the plaintiff.
The terms of consideration of civil cases in court are prescribed in the Code of Civil Procedure, which states that no more than one month is required to resolve issues on the restoration and recovery of alimony. The same rule applies to justices of the peace who consider and resolve civil cases no later than the specified date from the moment the application is accepted for production. There are also exceptions to this. The term for consideration of a civil case in a district court is up to two months. However, the period of time for resolving disputes that arose from public relations has its own specific limitations.
So, applications to challenge regulatory acts should be considered within one month, and complaints about the actions of officials - within ten days. Questions on cases of forced hospitalization of a person in a psychiatric hospital should be resolved no later than a week after the initiation of a civil case. The application from the doctor of this institution for the examination of the person is considered no more than three days from the moment when it arrived at the judicial authority.
A complaint
This right of citizens cannot be limited in its content. The complaint is submitted by the person who considers his rights violated, the actions of authorities or officials illegal or illegal. This document may also be submitted to the chairman of the court if the time limits for the consideration and resolution of civil cases are deliberately delayed for unexplained reasons. In this case, it is necessary to indicate the violation of the law.
If the question concerns the consideration of the application in a civil case, then special attention should be paid to the time specified in the Code of Civil Procedure. The better the complaint is written, the faster the court will resolve the contentious issue. Also, in practice, there are such cases when the consideration of the case is postponed due to insufficient information or documents. Therefore, before filing a complaint with a higher authority, you must first find out the reasons for the delay in resolving a contentious issue from the judge who is involved in this production.
The citizen’s appeal can be connected not only with personal interests, but also with public ones. This happens when a large enterprise stops work, and wages are not paid.
In the event that a complaint is received by a higher authority, the time limits for considering a civil case, if for some reason they have been delayed by the court, begin to be respected in accordance with the norms established by the Code of Civil Procedure.
Appeal
In the event that the plaintiff or defendant is not satisfied with the decision on the case, they have the right to appeal it within 10 days to a higher authority. The decision of the justice of the peace may only be appealed to the district judicial authority. As art. 372.2 of the Civil Procedure Code, the term for appeal in civil cases is up to two months. In practice, everything happens much faster. The decision of the district court is always appealed to the regional. The terms here are the same as those provided by the CCP.
In the event that the consideration of the appeal in a higher instance is delayed, you can apply to this body with the appropriate statement, in which you can voice your request for a faster resolution of the issue.
As a rule, an appeal takes place through the judicial authority that issued the decision or decision in the civil case, after which the appeal is sent to a higher court.
Order
This complaint is sent only through the judicial authority that issued the decision. Therefore, it is not necessary to take it on your own or through the services of a representative to a higher authority, because it will come back. An appeal is filed against a court decision that has not entered into force. For this, the law gives a period of ten days. If it is missed for valid reasons, then it can then be restored and file a complaint. Although this is quite problematic. The term for consideration of the appeal in a civil case is two months. In practice, everything happens much earlier. All participants in civil proceedings can file an appeal. You do not need to attach copies of documents to it, because the higher authority will investigate the whole matter.
The main thing is that here you need to arrange everything correctly and without violating legislative norms. The correctness of the preparation of the appeal is a guarantee of the successful resolution of disputed issues in a civil lawsuit in favor of the person who filed it. Therefore, many participants in the process prefer to use the help of qualified lawyers.
Cassation
The appellate ruling, which did not meet the applicant's expectations, may be appealed to a higher court. In this case, the cassation shall be submitted already to the decisions that have entered into force. It is also necessary to comply with the deadlines.
The cassation appeal does not investigate new evidence that has not been taken into account earlier; it only deals with the verification of the application of certain paragraphs and articles of the Civil Procedure Code and other normative acts. After the entry into force of the appeal decision, the citizen has six months to review it. A complaint must be filed only with the court that issued the relevant decision, after which he himself will redirect it to a higher authority. The public prosecutor may also bring a submission.
The term for consideration of a cassation appeal in a civil case is one month from the moment the complaint is accepted by the judicial authority, unless, of course, the case has been claimed. However, the calculation does not take into account the time during which the materials will be delivered to a higher authority. If the case is requested from a lower judicial authority, the term of consideration is extended to two months.
Necessary information
When filing a cassation appeal, it must indicate the following:
- all the data of the applicant, including his address, you can register the phone;
- full name of the court;
- the essence of the requirements, also with reference to a violation of law;
- the decision number with which the citizen or his representative does not agree, as well as its date;
- describe in detail and preferably point by point your disagreement with the decision, because you can’t be based only on your personal opinion (as the Civil Procedure Code states);
- at the end, it is necessary to indicate all the requirements for the cancellation or revision of the court order, to sign the participant in the process or his lawyer.
Reasons for changing the term
As art. 154 Code of Civil Procedure, applications are considered by the court within a period not exceeding a couple of months from the moment of its receipt. This period may be changed if the case requires a more detailed study. In addition, its consideration will be started again if:
- there is a need to attract co-defendants;
- third parties enter the process;
- replacement of an inappropriate participant in the proceedings;
- counterclaim filed.
If it so happens that the case has lain in court for a long time without any specific reason, interested parties can write a statement to expedite its resolution. We should also not forget that some issues must be resolved within a certain and even reduced time. Cases on reinstatement and claiming child support are reviewed no later than a month.
Voter Protection
These categories of civil cases are also dealt with in a shorter time. Otherwise, it will be a violation of the law. At the time when elections, voting and election campaigns take place, these categories of cases are resolved within five days.
General
The terms provided by the Code of Civil Procedure are not always respected in practice. This happens for various reasons. Sometimes the courts do not have enough time to examine in detail the application and the evidence presented. Therefore, these authorities can install them independently, but taking into account reasonableness. For this reason, the consideration of cases can be delayed on completely legitimate grounds.