A cassation appeal is a written request to a court that may relate to a change or annulment of a court decision. This document is based on civil matters. If one of the parties that participated in the trial remains dissatisfied with the decision of the judicial authority, a cassation appeal is filed. It can be filed for decisions made by all courts, except world courts.
A cassation appeal may be filed against decisions of the courts of the republic, district, oblast, city, territory, autonomous okrug and autonomous oblast. In addition, the decisions of the Judicial Collegium relating to civil cases and the Military Collegium of the Supreme Court of the Russian Federation are subject to appeal . As a rule, such a complaint is submitted to the cassation board.
The content of the appeal must be as follows:
The first thing to indicate in the document is the name of the court, which did not arrange one of the parties with its decision. The second is information about the person who filed the complaint. In this case, you need to indicate the place of residence and real location. Next, you must specify the decision that was adopted by the court. You also need to draw up the arguments of the person who filed the cassation appeal. In addition to all this, it is necessary to bring new evidence relevant. In the end, you must definitely put a signature.
Undoubtedly, the person who actually filed the complaint should sign the document. Also, his representative can put his signature. If it is not the person who signs it, then a document is attached to the complaint, which could certify all the powers of the representative. In this situation, a power of attorney serves as such a document.
A cassation appeal in a civil case is accompanied by a receipt containing information on the payment of the state fee, which is 50% of the amount of the fee that is payable at the time of filing the statement of claim. Moreover, this statement should be non-material in nature. Also, the amount in the receipt must be 50% of the state duty, which is calculated from the amount that is disputed by this person.
The term for filing a cassation appeal is the number of days on which this document can be drawn up. In order not to waste time on completing additional papers, it is better not to miss the deadline. The deadline for filing a cassation appeal is ten days. This number of days is determined from the moment the judicial authority takes the final decision. The court recommends not to miss the deadline for filing a cassation appeal. If you do not have time to file this document, then you will have to go to court and draw up additional papers. And this is a rather lengthy process. It is better to meet the deadline for filing a cassation appeal.
If for some reason you still have not managed to file a document with the court, then it is possible to restore the deadline for filing a cassation appeal. In this case, you must take into account the rules of paperwork. Reinstatement requires the submission of a missed deadline. It is necessary to write in it the reason that served as the reason for missing the deadline for submitting the document.
Speaking about such an important document, it is necessary to recall what the term of consideration of the appeal is equal to. It usually does not exceed a period of two months, which is determined by the date the complaint is received by the judicial authority. In the event that a cassation appeal was filed before the deadline for filing, which is ten days, the two months are counted from the moment the deadline for filing the document is completed. It should be noted that, if necessary, the court extends the time for consideration of the appeal. In this case, it can be extended for no more than six months. This, first of all, depends on the decision on which the appeal was filed.