A cassation appeal against a court decision, like any official document, has its own characteristics. The participant in the trial has 10 days to file a cassation appeal . Their report starts from the moment the court decision becomes legal, that is, it enters into legal force. Such a period is regulated by article 338 and article 107 of the Code of Civil Procedure of the Russian Federation.
Often in practice, this procedure is as follows. At the court session, the judge makes the final decision and announces its operative part, while the final decision is not issued to the hands. The court still has time when the descriptive and motivating part and the decision on the case in final form must be executed. For this, 5 days are allotted. If the text of the decision contains a number, then 10 days are counted from the specified date. For example, if the court took place and the effective part was announced on February 5, and the decision was made by the court on February 7, then the cassation appeal against the court decision must be filed until February 17 inclusive.
If the court decision in the case does not have a final date, then the ten-day period specified by law for filing a cassation appeal is calculated depending on when the case was transferred to the court registry. For example, if the trial was held on February 3, and the case was referred to the clerk on February 6, then the cassation appeal against the court’s decision is filed until February 16 inclusive.
Sometimes the participants in the process do not agree with the course of its conduct, questions and comments on the actions of the judiciary arise. In this case, you can file a complaint in which to disagree with the actions of the judge.
The time frame required to file a cassation appeal is important. Each court decision means that then a mechanism is launched for its execution on a voluntary or compulsory basis. In addition, the final decision means that the participants in the trial are no longer entitled to state similar claims in other claims against the opposite side, using the same grounds. The court decision on this issue in final form does not give the right to challenge the established facts in other civil proceedings.
A cassation appeal against a court decision is sent to the court where the decision on the case was made. The same court should be indicated in the “heading” of the complaint. Article 339 of the Code of Civil Procedure of the Russian Federation unequivocally determines that a cassation appeal in a civil case when filling out should contain the following: the name of the court and the details or the name of the complainant indicating the place of residence; indication of the appealed court decision; the arguments of the complaint itself; request of the complainant. If any, then additional documents and their list are submitted along with the cassation appeal.
In a cassation appeal it may express disagreement both on the whole decision as a whole, and on its part: the court’s conclusions, motivation for the decision. However, any new requirements cannot be stated in this document.
For each of the parties, a copy of the cassation appeal must be provided with copies of all attached documents, which is indicated in article 340 of the Code of Civil Procedure of the Russian Federation. A payment order on the payment of the state fee is included in the list of additional documents and is sent in the original for the court.
Each copy of the cassation appeal must be signed. If a complaint is submitted by a representative, then a power of attorney is required that defines the authority of the representative. The power of attorney itself must be attached to the complaint. If the representative has already participated in the trial and has the necessary powers, and the power of attorney is in the case, then it is not necessary to submit a new power of attorney.
When filing a cassation appeal, it cannot be ruled out that the opposite party has the opportunity to respond to it by providing the court with an objection to the cassation appeal.