Why is an additional civil court decision made? What are its differences, on what grounds is it made and how is it accepted, are there any requirements for the application? Let's make a small comparison with the rules of the agro-industrial complex and analyze the appeal procedure.
Who is initiating?
An additional decision in a civil case is taken at the initiative of the court or of persons who took part in the case. By “court” is meant a judge or a panel of judges whose signatures are on a judicial act. By "persons" is meant the plaintiff with the defendant and third parties with independent claims and without them.
What should be the basis?
An additional court decision in a civil case is taken only in the situation specified in the law:
- the claim presented in the lawsuit, discussed at the meeting where the materials were submitted and studied on it, is not allowed;
- the court decided the issue of law and did not indicate the amount of the amount awarded, the actions that the defendant is required to take, property that is transferred to the plaintiff;
- court costs are not recoverable.
Note that an additional civil court decision is made if the unsatisfied claims were filed in the lawsuit before the application was examined on the merits (before the completion of the preliminary hearing). Otherwise, the court will refuse to consider such a statement.
Ignoring Requirements
The most common reason for the need for an additional court decision in a civil case.
Claims filed in court differ in the amount of text and the number of claims. The simplest suits consist of one requirement. Some claims, their minority, can not be called standard, they intersect many requirements (3, 4 or more). And the law obliges the court to make a decision on each of the items indicated in the request part of the claim. If there are a lot of them, then when drawing up the decision, the judge may not pay attention to one or more requirements. The reason for this is workload and excessive attention to other aspects of the case, which the judge considered the most important.
For example, the court agreed with the plaintiff’s right to property, but said nothing about canceling the record of the defendant’s right to property in the state register of rights.
Lack of accurate data on the amount, property and actions
A good example is dividing a house into two or more parts. In addition to recognizing the right to new facilities from a formal point of view, it is necessary to indicate the exact amount of compensation payments. The section often does not correspond to the shares indicated in the documents. And then one of the owners, who received the majority, has the obligation to pay compensation. Dividing the house into more than 2 parts creates even greater complexity in calculating compensation.
I didn’t indicate the property - that means I didn’t provide the exact information about it in the court decision according to the technical documentation (number, engine size, other characteristics), everything that helps to identify the thing as much as possible.
In disputes over the use of common property, both parties or one of them may be liable, for example, in the form of transferring door keys, technical documentation (with a list of components listed), etc., depending on what the plaintiff requested. So, for example, the court may miss one of the requests if there are a lot of them.
Court expenses
This includes the costs of the representative, the examination, payment of state fees, etc. If the court partially agreed with the claim, then the costs are distributed between the parties in proportion to the requirements satisfied.
Arbitration process
I must say that in this case the wording of a similar article of the agro-industrial complex fully coincides with the text in the Code of Civil Procedure. An additional decision of the arbitral tribunal shall be made on the same grounds and in the same manner.
Application Features
It should indicate:
- name of court;
- surname and initials of the judge or judges;
- information about the defendants, third parties;
- case number, date of decision;
- circumstances that are the basis for an additional decision (for example, the decision does not say anything about recovering losses, although there was a claim in the claim);
- request to court: make an additional decision and ... (list the requirements that were not allowed);
- copies of the attached documents (copy of the decision, lawsuit, if necessary, a power of attorney for representation);
- Signature and date of transfer to court.
The number of sets is formed according to the number of participants in the case and one set for the court. The duty is not paid.
The application is allowed to be submitted before the deadline for filing an appeal; if you are late, you will have to restore it, otherwise the court will not accept the documents.
Review Procedure
After receiving the documents, the judge makes a determination or, identifying an error, appoints a meeting himself, also making a determination. Summons is sent to the parties with a note on the time and place of the meeting.
The meeting is conducted in a general manner, and the actions of the parties and the court are recorded in the minutes. The absence of the summoned persons (a notice of delivery of the summons should be attached to the case) does not interfere with the meeting.
First, the opinion of the participants in the case about the essence of the application or the actions of the court is clarified. Then the judge retires to the deliberation room, having left her, he announces the decision.
If there are no grounds, an additional court decision shall not be issued, but a ruling shall be adopted.
Nothing is said about the deadlines for resolving the application; it is assumed that the judge will not drastically delay the procedure. In reality, the application is considered for about a month.
What does the solution look like
The Civil Procedure Code says that when it is adopted, the same rules apply, no flaws are provided, and the sample of an additional court decision in a civil case indicates:
- additional decision;
- date, case number;
- name of court;
- composition of the court, secretary;
- the reason for the opening of the meeting (statement of the participant in the process or actions of the court);
- the court decision is briefly retold;
- the opinion of the participants in the process or their representatives;
- references to the law;
- consent to the statement;
- the following paragraph: from whom and in whose favor to recover the amount (its size is indicated) or what property to transfer, depending on the request in the application;
- The appeal procedure is described.
- Signature of the judge and court seal.
Appeal procedure
A complaint about an additional decision shall be submitted within a month from the moment of its announcement. The decision to refuse to make an additional decision is allowed to appeal within 15 days from the date of announcement by filing a private complaint.
The deadline starts from the day after the announcement of the judicial act.