After first-instance court rulings, people are confronted with the concept of “appeal.” What is this? How to file an appeal? What time frame? We will analyze all this in the article.
Appeal - what is it? In what cases can I serve?
Legal dictionaries explain the words “appeal” as a form of appeal against a decision.
Until 2012, a civil appeal was submitted only to the decision of the justices of the peace in the district. Today the situation is different. Now the appeal is the second instance of litigation.
So, the appeal, what is? This is the second, but also the last instance, which considers the case on the merits. Higher courts (cassation and supervision) no longer pay any attention to arguments and evidence. Therefore, after the decision, for example, of the district courts, it is necessary to seriously approach the appeal.
Who is considering the complaint?
If the district court delivered the verdict, then it is necessary to file a complaint with the regional court. To cancel the illegal decisions of the justices of the peace district. There is a category of cases that are considered by higher courts immediately. We will not focus on them. This is a highly specialized circle of affairs. It mainly concerns high-ranking people, as well as the category of cases with the status of "especially important". The only, say, that even the College of the Supreme Court can act as a first instance. In such cases, it becomes procedurally on a par with the ordinary magistrate's court of the territorial division.
Deadlines
Until 2012, an appeal against court decisions was filed within ten days. This led to serious problems, as judges often did not have time to make reasoned decisions on time. The applicant had to assert the right to submit through the restoration of deadlines. After 2012, everything has changed. Both in civil and in arbitration proceedings, a single term of one month has been established.
Where to serve
An appeal against a court decision shall be submitted to the court where it was issued. Of course, you can file directly with the court of appeal, but they will most likely not accept it. However, it is worth noting that the Supreme Court of the Russian Federation indicated that if the applicant sent the complaint directly to the appellate court, this should not be the basis for returning the case to the applicant. In this case, the courts must agree by additional measures the procedure for transferring the complaint to the first instance, after which it again returns to the second. However, this time along with the case file.
Appeal options
What the appeal can achieve: decisions of the lower courts can be reversed or changed. It is worth noting that there should be no return to a new trial. This “privilege” was canceled after 2012. In addition, a court of appeal should be held in any case. In contrast, for example, from cassation, which does not have such an obligation.
What is the difference between the appeal and the first
The appeal in court considers the case on the merits. However, here is one main feature - the case is examined on the basis of the materials that were the basis for the decision of the first instance. In other words, after the district court it will not be possible to request in the appeal review a lot of other evidence that was not stated at the first examination. However, there are exceptions to the rules:
- Evidence that was rejected by the first instance. It will be necessary to argue exactly how they affect the dispute in question.
- Materials that could not be previously requested for various reasons.
- Testimonies of witnesses who, due to circumstances, could not be questioned in a court of first instance.
Thus, we can conclude that the appeal in court, although it examines the case on the merits, however, imposes a number of restrictions in comparison with the first instance.
What is a reasoned court decision and how does it affect the timing of an appeal
The deadline for filing a complaint is one month. The countdown is not from the day the trial took place, but from the receipt of an informed decision. It is called motivated. It is not necessary to confuse it with a resolute one, which only contains information “satisfy-refuse”. Judges must make both decisions at once. However, in practice this does not always happen. Therefore, lawmakers gave 5 days for its manufacture. In practice, there are cases when people wait for months for a reasoned court decision. For this reason, the deadline for filing an appeal was tied to him so that there was no artificial delay, in order to prevent him from filing a complaint with disagreement.
It's important to know
When preparing a complaint, the following points must be kept in mind:
- The appeal considers the application only for those reasons that are stated.
- The requirements must be the same as in the statement of claim. Otherwise, the complaint will not be accepted.
- Only part of the court decision can be appealed.
Review Procedure
The Court of Appeal considers the case collegially. One of the judges begins the report, which reflects:
- The circumstances of the case.
- First instance decisions.
- Arguments, complaints, objections to them.
- Applications for the introduction of new materials with explanations.
- Messages of other data that may affect the course of business.
After that, the parties take turns in turn, the court examines the case materials. Further, the parties speak in debate, after which a verdict is passed. It is important to know that after the appeal, the decision of the first instance, if saved, enters into legal force. This also applies to the new ruling of the court of appeal.
Total
So, we figured out what the appeal is, what it is, where you need to file it, etc. Most importantly, you must always assert your rights in case of violation. We hope that our article gave an idea of what an appeal is. As they say, warned, then armed.