Where to send a request to restore the time limit for filing an appeal? How to compose and in which cases it can satisfy? From what day does the deadline for filing an appeal occur?
These and many other questions are especially interesting for those for whom the decision of the district court was a surprise. Unfortunately, the trend is that our citizens are more likely to learn about the verdicts received from the bailiffs, and not from the courts. Often this happens when law enforcement agencies come to describe things, seize property, or block bank accounts. We will try to explain this topic as clearly as possible.
The court decision was made - what next?
After a court decision has been made, it is necessary to calculate the time limit for filing an appeal. In simpler words - you should determine from which day to count.
What is the deadline for filing an appeal? According to the Code of Civil Procedure of the Russian Federation, it is calculated within a month. Please note that not from the day of the trial, but from the moment the final decision of the court. Hence there are many misunderstandings in the calculations. The main problem is that the speed of the office does not depend on the participant in the process. Smooth and fair rules of the procedural code are broken down on the stones of the harsh reality of Russian justice.
Making copies of court decisions: time to create and main problems
In accordance with the law, no more than 5 days are given to the office to put the document in order. At this time, it is allowed to postpone the deadline for appeal after a direct decision.
The problem often lies in the fact that courts, due to congestion, do not fit into these terms. Practice shows that it is very difficult to rush at the same time. As a result, the reasoned decision comes late, which creates additional difficulties and problems in the quality of the preparation of the appeal and its submission.
It was one thing when the participants in the process knew about the decision of the first instance. With a professional approach, even in case of technical problems, there are small tricks. In order not to miss the time to appeal the decision while the “Russian Post” rushes with a court letter to the defendant, you can file a brief appeal without a court ruling. As a result, the deadlines will not be missed formally, the court will give additional time to file the main complaint.
The result of ignorance - missing deadlines for appeal
Another thing is when one of the participants in the judicial dispute did not know anything about him. Hence the result - the deadline for filing an appeal was missed. But do not despair. There is a way out - a request to restore the deadline for filing an appeal. What reasons are considered legitimate so that the courts consider it possible to satisfy it? About it further.
Good reasons
According to the Law, the restoration of the appeal deadline occurs if the reason for the omission is related to certain phenomena:
- Defendant's illness.
- Stay on a business trip, on watch.
- Illiteracy. Many mistakenly assume that it means ignorance of laws. However, the courts interpret this concept precisely as the inability to read, write and count.
- Another reason recognized as valid. This, as a rule, includes ignorance of the trial by the defendant.
Feeding Time
But let’s see how long the appeal period is set out in the procedural law.
It all depends on the nature of the case. On criminal matters, it is only ten days. However, if the convicted person is in custody at this time, then his calculation starts from the moment the copy is handed over.
In civil proceedings, the time for appeal is one month. The calculation starts from the moment the final decision is made (no more than 5 days). If the courts drag out this, as is often the case in practice, then it is necessary to file private complaints with the judicial collegiums, constantly call, write, and find out. In general, to make sure that you are remembered and understood the consequences of your slowness. The same amount of time is given for filing arbitration complaints.
Restore appeal deadline
If, for good reason, a citizen missed the deadline for filing, then nothing has been lost.
It is necessary to write a request to restore the deadline for filing an appeal. What must be indicated in it:
- All data on the case materials and the decisions taken.
For example: “In the Yegoryevsky District Court of the Vladimir Region (all data is fictitious, corresponds to real geographical objects, all coincidences of the case numbers and personal data of citizens are random), civil case No. 596/16 of 10/09/2006 was held at the request of OAO“ We'll give you fast money without guarantors ”to S. Ivanov. As a result, the court established: the plaintiff's claim to be satisfied. Terminate the agreement between me and OJSC“ We will give money quickly without guarantors ”, pay the remainder of the principal debt in the amount of 190 091, 90 rubles, including the best interest for using the loan is 30,901.20 rubles, the penalty is 12,780.43 rubles, and the state fee is 9,092.34 rubles. " All these data are in the decision, it is enough to rewrite them in the statement.
- A valid reason for failure to appear, petition. For example: "I did not know anything about the decision made earlier, I received a copy only on 11/09/2016, as a result of which I missed the deadline for filing an appeal."
Remember that there is the principle of the presumption of innocence. It applies not only to criminal cases. It follows that there is no need to prove the fact that you really did not get anything in your hands. Some citizens begin to request data from the postal service about incoming correspondence, certificates from the office. It's too much. If a citizen really receives judicial notices, then the receipt is marked on the spine of the notice. It is put upon personal receipt of a copy of the decision in court. If a citizen did not sign anywhere, this automatically means that he did not receive any notifications and, therefore, did not know anything about him.
The wording in the application may contain the following: “On October 1, 2016, I received a copy of the court decision. Returning from work, in the evening of the same date, I had a car accident. As a result of her, I received serious fractures, with which they put me in the hospital. Checked out only on November 9, 2016. As a confirmation of the above words, in the application I attach copies of certificates from a medical institution, as well as a copy of the medical history. As a result of the injuries, the deadlines for filing an appeal were missed. ”
This situation falls under the specific case of the disease provided for by procedural legislation (Article 112 of the Code of Civil Procedure).
Final part: request and application
At the end of the application for the restoration of the deadline for filing an appeal must contain a request. Its wording should look something like this: “Based on the foregoing, I ask: to restore the deadline for filing an appeal, accept the appeal, consider it on the merits."
After that, the application is highlighted separately, listing additional documents, certificates, evidence that confirm the reason for the pass.
The procedure for filing an appeal
The appeal is filed with the court in which the original decision was made.
The courts, all lawyers, and also the norms of the code of civil procedure tell us this. But what will happen if you file a complaint directly, that is, bypassing the first instance? The Plenum of the Supreme Court of June 19, 2012 decided that in this case, the applicant could not be refused to consider the case on the grounds that he had sent the “wrong request”. The Court of Appeal must forward the complaint to the first instance with a cover letter. It carries out all the necessary actions. Including the restoration of the deadline for filing a complaint if there is a corresponding application, if the deadlines are missed.
What you need to know about the appeal
The appeal considers the case on those materials that were in the first instance. This means that new petitions cannot be made, as well as other witnesses. This is not the second attempt to which you can prepare thoroughly.
The exception is new circumstances that could not be taken into account at the initial consideration. For example, confession, the witness recalled the new details of the case, a document appeared that could not be requested earlier, etc.
Know that if the trial court does not attach any evidence to the case, even if, in the opinion of one of the parties, is important, then they are not considered in the appeal either. However, you can apply for their inclusion in the case, while indicating how they will affect the outcome. For example, the district court rejected the request to request a copy of the order from the place of work, which reflects new job descriptions.
The deadline for filing an appeal is one month from the date of the preparation of a reasoned decision. It is necessary to remember this.
Deadlines for filing reinstatement for appeal in absentia
In absentia proceedings involves a special procedure for considering the case. A decision is made only if both parties are absent. The law provides for the cancellation of such a decision within seven days from the date of adoption. However, it so happens that the defendant did not know anything about him. In this case, it is necessary to send a motion to the court that made the decision to annul the decision in absentia. However, if all the deadlines for the appeal have passed, then it will not be possible to restore the deadlines for the cancellation. And this does not mean that you cannot apply for appeal. The deadlines for filing an appeal are restored according to the same rules and legal standards as for filing complaints under ordinary decisions. Therefore, there should not be unnecessary panic and worries.