Sample appeal in a civil case. Appeal

The court ruled not in your favor ... Friends say: “File an appeal.” Indeed, you have the right, no one is safe from judicial errors . We will talk about how to do it right, what a sample of an appeal in a civil case looks like, in this article.

Essence, types

Among all varieties of complaints, appeal is one of the most common.

Every day, the courts make thousands of decisions, which in any case will not satisfy the interest of one of the parties to the case, the plaintiff or the defendant. In this case, the person concerned may file an appeal. Code of Civil Procedure of the Russian Federation provides that the deadline for its submission is one month from the date of the decision in the final form.

You can give the following definition of an appeal - this is a document that aims to challenge the decision of the first court that has not entered into force. It contains the requirements of the person, on the basis of which the next instance reviews the case for the second time.

The complaint is examined collectively, with the exception of the district courts.

At the same time, when submitting this document, you are not entitled to refer to new circumstances, evidence not studied previously, or to put forward other requirements.

The proceedings on the complaint in court are conducted according to the rules of the first instance, with the exception of certain features, which will be discussed below.

The sample appeal must necessarily contain arguments for the cancellation / amendment of the decision.

The following varieties of this complaint exist:

• in civil proceedings,
• in arbitration,
• in criminal
• private complaints about definitions (special view).

Who is eligible

The appeal against the decision may be filed by the parties and other parties to the case.

For example, the latter category may include third parties, as well as legal representatives and lawyers (representatives) of the parties.

Other persons who are not involved in the process also have this right, for which the issue of rights and obligations was resolved in a judicial act. The mechanism of action of this provision of the law has not yet been worked out, there are many gaps. So, if a person was not brought in the first instance to consider the dispute, but the court decided the issue of his rights or obligations, he is legally entitled to file a complaint, but in practice this is difficult. Firstly, how can a person find out about the adopted act? Probably from the same participants, acquaintances, in the media (on the court website) or from bailiffs. Secondly, in order to protect his rights, he needs to actually enter the process at the second stage. Even after going through all these stages, a person will not be able to fully use the full range of powers as an initial participant. The second court may proceed to consideration according to the rules of the first instance, however, the issued act will enter into force upon adoption. That is, a new person loses the right to appeal, since further only cassation is possible.

This list is exhaustive. Any close relatives, acquaintances and friends do not have such a right if they were not given the appropriate power of attorney.

Grounds

The law identifies 4 main reasons for revising a decision:

• the court incorrectly determined the source data relevant to the case;
• established facts are not proven;
• the findings are not consistent with the case file;
• violation or misuse of legal norms.

The last reason may include:

• the proper law is not applied,
• used rules of law that should not be applied;
• misinterpretation of the law.

An example of an appeal with these reasons can be found below.

In the following violations of procedural law, the decision is in any case subject to cancellation:

• illegal composition of the court,
• adoption of the act in the absence of a person not notified of the hearing,
• language rules violated
• the decision affects the rights and obligations of persons who were not involved in the process;
• there is no judge’s signature on the act or the wrong one;
• missing meeting minutes;
• The secrecy of the meeting of judges has been violated.

If these violations are established, the court parses the case in accordance with the norms of the Code of Civil Procedure of the Russian Federation established for the first instance.

In itself, the right decision is not canceled only because of formalities, i.e. it must be proved that the violation entailed a violation of rights.

Clearance requirements

What does the law prescribe? A sample appeal in a civil case must necessarily contain the following elements:

• heading (name of court, name of appellant, address, contact details);
• reference to the appealed judicial act;
• requirements and grounds on which they are based;
• application documents.

Other claims cannot be included in the text of the complaint. New evidence can be attached only if the justification of the reasons for the failure to submit to the court of first instance is substantiated.

The person filing it or the representative is entitled to sign the complaint on the basis of the relevant authority.

When applying, it is necessary to pay the state fee based on the requirements of the Tax Code of the Russian Federation, if there are no benefits.

The sample of the appeal in the arbitration is built on the same principle, with the exception of certain features:

• the person submitting the document must forward it to the other parties involved and attach the proof of dispatch to the complaint;
• the appendix requires a copy of the contested decision.

How to make

Consider the example of an appeal against a decision in a citizen’s suit against a legal entity.

Among the whole variety of complaints to the court of appeal, a sample that takes into account all the subtleties of your case is difficult to find, so sometimes you should trust a professional lawyer.

The timing

As indicated above, the time limit for appeal is 1 calendar month from the date of the decision in final form. Note, the period is calculated not from the moment of the issuance / announcement of the act, but rather its preparation. This date is usually indicated at the end or beginning of the document. The period includes weekends and holidays.

In any case, if the production is delayed, you can sue the court to issue a certified copy of the decision, be sure to put a note on the copy of the office of adoption on your copy, that is, before this day the decision will no longer be able to date and violate the rights of the participants to challenge.

At the same time, the case cannot be sent to a higher court earlier than the deadline for appeal. In practice, usually from the moment the first court ruling is made until the commencement of the appeal, 1.5 to 3 months pass. It takes time to prepare a complaint, send it to other parties, draw up objections in response, refer the matter to the second instance, study the materials by the judge.

The total time period for considering the case on appeal is 2 months from the day the case was received. In the Supreme Court of the Russian Federation, this period is increased to 3 months. Reduced deadlines can be set for special categories of cases (on adoption of a child - within 10 days).

The appeal ruling shall enter into force immediately after its adoption.

Presentation

The appeal is filed directly with the first court, which examined the merits. He is obliged to send the case after the expiration of the appeal period to a superior.

By the way, sometimes courts at the stands place samples of appeals in civil cases.

The document is submitted with copies of the number of persons who participated in the case. Otherwise, the complaint may be left without movement.

On your copy do not forget to put a mark on acceptance.

Features

As in any process, when considering an appeal there are some nuances:

• participation in court through video-conferencing is possible;
• it is forbidden to connect / disconnect claims, change the subject or basis of the claim, size, declare a counter, replace an inappropriate defendant, involve third parties;
• new claims cannot be made;
• other evidence may be presented if you justify the reasons for not submitting them to the first court;
• a meeting may be postponed or adjourned only for valid reasons;
• the case is considered only on the grounds of the complaint.

Trial

In order for the court to accept the documents without hindrance, the sample of appeal you used in a civil case should clearly comply with all the requirements of the law.

After accepting the complaint, the first instance sends it to other participants who may raise objections within the prescribed time.

The court may leave it motionless if the content does not meet the requirements of the law, as well as when the state duty has not been paid, and set a deadline for eliminating the deficiencies.

The document is returned if the violations have not been eliminated, the appeal period has expired, or upon the recall of the person who submitted it.

Next, the case is sent to a higher court.

Consideration of a complaint is conducted collegially or individually (in district authorities).

A complaint can only be waived before an appeal ruling is issued, in which case the proceedings will be terminated.

In the second instance, a waiver of the claim, its recognition, conclusion of an amicable agreement is possible.

The rest of the proceedings are the same as in the first instance, with the exception of the above features.

At the same time, in the interests of legality, the court can verify the case in full.

Result

At the end of the proceedings, the court makes a decision in the form of an appeal ruling, which takes effect on the day of adoption.

In this case, the result of consideration of the arguments of the complaint may be:

• leaving the decision of the first court unchanged;
• cancellation or change of it in whole or in part, adoption of a new one;
• cancellation of the decision, termination of the proceedings / leaving the application without consideration in full / in part;
• the court may not consider the merits of the complaint if the deadline for its submission has expired and has not been restored.

If you do not agree with the ruling of appeal, the next appeal will be cassation.

Thus, the appeal is an important and necessary tool for upholding rights, a means of combating unfair and erroneous decisions.