Perhaps you have repeatedly faced with the need to resolve a dispute in court, whether it is a divorce, recovery of damage caused by an accident, or something else, you can continue indefinitely. There can be a huge number of options, but the essence of this does not change. The point in the resolution of the dispute is the court decision.
Procedure for going to court
For the resolution of the latter, it is necessary to apply to the court with a
statement of claim indicating the parties to the case. You also need to clearly articulate your requirements, give facts that you rely on, justifying your requirements, attach the necessary evidence, copies of the case materials by the number of parties, etc.
A court decision may be made in the form of:
- solutions;
- definitions;
- regulations.
The trial in essence of the dispute ends with a decision. Decisions and decisions are made by the judge on other procedural issues.
The trial of civil cases takes place according to the norms established by the procedural legislation. Any violation may serve as a basis for appeal and annulment of the decision on appeal or cassation.
A court decision may be set aside by a higher court if your rights were violated by a court order.
The content of the court decision
The content of the court decision is strictly regulated by the Code of Civil Procedure and must have an introductory, descriptive and motivating part.
The judgment is pronounced at the hearing, under sound recording. If only the operative part is decided, the time frame when the parties can get its full text must be specified.
Appeal Procedure
A court decision may be appealed by filing an appeal (cassation) complaint within the time limits established by the Civil Procedure Code. If the latter are missed for a reason recognized by the court as valid, the court may restore them by its determination .
The minutes of the trial in a criminal case, as well as in a civil case, are kept in the form of sound recordings. A printout showing the timing and the recording disc itself are filed into the case.
The parties to the case, as well as the prosecutor, the legal representatives of the parties (if there is a power of attorney) can get a copy of it, having paid the court fee in advance. Its size is established by law. Also, having paid the court fee, the party to the case or its representative may obtain a copy of the court decision again.
In the event that the court made clerical or arithmetic errors when deciding the decision, a decision shall be made on making corrections. To do this, you must apply to the court with the appropriate statement. The absence of parties at the hearing cannot serve as an obstacle to the consideration of this case.
An additional court decision may resolve issues that for some reason were not reflected in the main court decision.
The court decision shall enter into force at the end of the period allotted for appeal.