Can an appeal be filed for how long? Complaint deadlines

An appeal is an opportunity to challenge a judge’s decision and initiate a review of a case if there are convincing arguments. For each case, the deadline for appeals may vary. Compliance with deadlines and competent drafting of the document will increase your chances of satisfying the appeal. An appeal may be filed for a different time, the duration of which depends on the type of crime. You can read more about this in this article.

Appeal

During the first court hearings, people often come across the concept of “appeal”. What it is? An appeal is an appeal against a decision made by a court. Who is entitled to appeal the decision? Any person who is somehow involved in business has such a right. Both the plaintiff and the defendant, and even those people who were not at the trial, can appeal. Either the whole decision or a part of it may be appealed. The appeal is usually resorted to by the party who lost the first instance. According to article No. 209 of the Code of Civil Procedure of the Russian Federation, the court decision is not valid until the corresponding appeal is examined.

One gets the impression that in this case, the trial can go on indefinitely: as long as one of the parties files an appeal. But it is not so. A person has the right to file an appeal only until the court decision becomes effective. After that, you can only file a cassation appeal. Thus, the appeal promotes the observance of the legitimate interests of people, but it sometimes interferes with the lawsuit for an indefinite time.

Submission procedure

In 2012, an appeal court appeared in the Russian Federation. The peculiarity of this court is that it re-convenes witnesses and considers all evidence. If you missed the deadlines and filed a cassation, the court will consider only the documents and facts already available. How is the appeal filed?

Before filing an appeal, you must collect all the necessary documents and facts. If they are not there, then you need to bring significant arguments that will convince the judge. Otherwise, your appeal may simply be dismissed.
You can send a complaint immediately to the AU.
The court then notifies all participants and sends them copies of the appeal.
It is at this moment that those who disagree with the appeal can file an objection and appeal it. If convincing arguments are indicated in the objection, the appeal will be rejected.
A case usually takes several months, after which a new meeting is scheduled or the document is rejected.

The court has the right to refuse your appeal if all the formalities, including the deadline for filing a complaint, have not been followed. Also, the reason may be incorrect registration or non-payment of state duty. In judicial proceedings, the time periods during which a court decision can be appealed are clearly defined. If the applicant treats the case with responsibility and timely corrects all the shortcomings, and also complies with the deadlines for filing an appeal, then he has every chance of success. You can act with the help of a good lawyer or on your own. But for this you need to know the time frame during which an appeal can be filed.

Complaint

According to statistics, the court quite rarely refuses to appeal. The reason may be an incorrectly filled out document or insufficiently good reasons for filing an appeal.How do I fill out an appeal to be accepted? The legislation of the Russian Federation does not have clear requirements for this document. Therefore, when compiling it, they are usually guided by the general rules of office work.

At the top, the name of the court to which the complaint is filed should be noted. You must also provide full information about yourself: F. I. O., place of residence, telephone for communication. Additionally, data should be written on the previous court decision: date of adoption and number.
Under the heading "Appeal" in free form, you need to state the nature and reason for your complaints. This is the most difficult moment in writing the appeal, as it involves high literacy and good knowledge of the case. All requirements must be necessarily supported by facts and reasonable arguments, otherwise the document will be rejected. If you have difficulty writing this part, specialists can help you.
The appeal must be provided with all necessary documents, including those that confirm the reasonableness of the complaint.
Signature and date must be addressed.

The appeal should not have semantic, spelling or syntactic errors. After filing an appeal, it may take several months before the court sets a new hearing.

Civil case

If you do not agree with the court decision and intend to file an appeal, you must have an idea of the time frame for appeal. The time limit for filing a complaint about the appeal ruling may vary depending on the nature of the proceedings. In civil cases, the deadline is one month and is determined by article No. 259 of the RF APC. In this case, the countdown is the day on which the judge's decision in full was issued. Often, the dissenting party sends an appeal only at the end of this period so that the court decision takes effect as late as possible. Such a delay can significantly slow down the matter.

The deadlines for filing an appeal to the arbitration court may be different in certain types of cases:

If the dispute is considered in a simplified manner, then 15 days are given for appeal.
If the dispute is related to voting rights, then it takes only 5 days to appeal.
With a decision on a dispute over the return of children, one can disagree within 10 days.

An appeal in a civil case should be filed through the court that decided on the case. Forwarding a complaint directly to the court of appeal is not a mistake, but still undesirable. The Court of Appeal itself or the district court may act directly as an AC. An appeal against a decision of a district court is filed in the same manner as in other instances.

Criminal case

Submission deadlines may vary depending on the severity of the crime. The deadline for filing an appeal in a criminal case is a key point in the entire appeal process. Even errors in the document itself cannot have such a disastrous effect as violation of the established deadlines.

The time limit for filing an appeal in a criminal case is much shorter than in a civil case. It is only 10 days. Moreover, how a person received a court decision is also important. If he was present at the meeting, then the appeal may be filed within 10 days after the day on which the court makes its decision. If at that time he was in a different place (for example, in prison), then the day on which the person received a copy of the court decision will be considered the day of reference. By law, only 5 days are given to deliver a copy. But in fact, quite often the copy is late or completely lost, as a result of which the person does not get the opportunity to appeal. Therefore, during criminal trials, you need to be especially careful and monitor the progress of the lawsuit.

First, appeals are received by the judges of the first instances, who check the compliance of the document with the standards and payment of state duty.If everything is in order, then the document is sent further - to a higher authority. It is she who considers the appeal, and this process can take up to three months. If the document found errors, then it is sent back for correction.

deadline for filing a criminal complaint

Administrative case

An administrative offense is an unlawful act that entails administrative responsibility. These include violation of traffic rules, travel without a ticket, drunken brawl and other minor misconduct that do not entail serious damage to property and health of other citizens or the state. The deadline for filing an appeal in administrative cases is the same as in civil cases - one month. But there are some exceptions. For example, when challenging the act on self-dissolution or dissolution of a representative body, as well as on the placement of a foreigner in a medical institution, the terms may be extended individually. An administrative appeal is filed in the same manner as other appeals.

What if the complaint period has expired?

Meeting deadlines is a prerequisite for accepting an appeal. The deadline for filing an appeal in a criminal case is limited to only 10 days. Often people who were not at a court hearing for objective reasons do not receive timely notice and do not have time to appeal. There are other factors that may prevent you from filing an objection on time. Is it really impossible to do anything in this case? Do not despair, if there are good reasons, you can file a request to restore the missed deadline. The document in form is similar to the appeal itself, and the following information must be indicated in it:

The name of the court.
Applicant's full name
The number of the case.
Document's name.
The reasons for missing the appeal should be highlighted in the body of the application and, if possible, confirmed by documents.
Be sure to clearly state the very request for the restoration of the appeal period.
At the end should be a date and a signature.

The request for the restoration of deadlines is far from always granted. But in some cases, the judge can go forward. What reasons are considered valid for skipping an appeal?

Severe illness or hospitalization (if you have an extract).
Delays in the delivery of a copy of a court decision if the applicant was not present at the court session.
The ignorance and ignorance of man.

In order to avoid unnecessary problems, it is better to initially comply with the deadlines for filing an appeal to the arbitration court.

Duration of the appeal

If the time limits for filing an appeal have rather specific limitations that are described in the law, then the consideration of the appeal is not so clearly regulated. The timing depends on many factors, for example, the court in which the appeal is pending. The Supreme Court has been in charge of appeals for the longest time.

For civil cases, the appeal review period should not exceed two months.
For criminal, the term is much shorter - they should begin to be considered within two weeks.
In administrative cases, the review period has been reduced to 10 days.

But despite these deadlines, you need to understand that they refer only to the beginning of the appeal. This does not mean at all that the court decision itself will be delivered within the same time frame - on the contrary, it can take an indefinite amount of time.

Objections to the appeal

When filing an appeal, it must be remembered that the process may be complicated by the objections of the parties involved in the process. Any person whose interests were involved during the trial or when filing the appeal has the right to file an objection to the appeal. Since the court is obliged to notify all parties of the incident after the appeal, the disagreeing person may give his reasons for rejecting the appeal.To do this, you need to prove that the arguments and arguments presented in the document are irrelevant and not worth another meeting. For a more illustrative example, we can give a common situation of the division of property in the process of divorce. For example, the plaintiff demands to appropriate an apartment that he bought with his money before marriage. After the court makes a decision in favor of the plaintiff, the defendant submits an appeal, in which he indicates that he indirectly participated in the purchase of the apartment. The plaintiff objects to the appeal, emphasizing that the other party does not have enough evidence. In this case, the court shall satisfy the objection, and the court case shall not receive further progress.

What recommendations can be given when writing an objection to those who want to reverse the appeal of the other party?

The objection document is drawn up on the same principle as the appeal. In the “heading” of the document it is necessary to indicate the court, its name, the applicant’s F. I. O. and his contact details.
The objection body must contain a reference to the complaint that the person disputes.
Confirm the objection must documents that are attached if available.
The text of the objection, which should be written in free form, should clearly state the arguments and positions on which the author does not agree with the appeal.
At the end of the text, the desired result must be written down, which the author of the objection wants to achieve with this document.

An objection to an appeal is by no means necessary, but it makes it possible to cancel the appeal and reduce the time of the trial. An objection must be filed with the court that adopted the first sentence.

Appeal

The cassation appeal differs from the appeal in that it is filed after the court made a decision and it entered into force. The form of the cassation appeal is almost no different from the appeal. Cassation appeal deadlines are much longer. For the responding party, the deadlines are not provided at all (indefinitely), and for the plaintiff, the term is limited to 12 months. What is the difference between cassation and appeal?

The decision is made by the court of cassation.
Served after the entry into force of a court decision.
The trial is based on already known materials. In the event that new information appears in the case, a new case must be opened.

Where should the cassation appeal be directed? There are several options: you can send her directly to the court of cassation. But there are several other options:

In the arbitration court of the federal district.
To the judicial board of the Supreme Court.

Whichever option you choose, remember that the grounds for appeal should be convincing arguments that are highlighted in the text of the document. And the cassation appeal itself must be written without errors.

Legal advice

Lawyers are faced with appeals every day, therefore, like no other, they know how to draw up this document. There are very common mistakes that experts recommend avoiding on appeal.

Do not stretch the complaint text over several sheets. Try to make the arguments and facts as brief and clear as possible. This will facilitate reading and increase the chances of a successful outcome.
Divide the text into paragraphs. If you wish, you can even make paragraphs and subparagraphs of arguments - because they will be read so much better.
If you have the opportunity, it is better to print a complaint, rather than write it by hand.
If there are precedents in your case in Russia, provide a link to them in the appeal. The judge may not take them into account, but they certainly will not be superfluous.
Be objective. If the lawsuit causes you too strong emotions, it is better to ask someone else to write the text of the complaint.
If you are not confident in your own abilities or simply do not know how to draw up a document, contact a professional lawyer. For a small fee, he will help you make an appeal.
Follow the deadlines. An appeal may be filed within 10-30 days from the date of the decision of the court.
And finally, don't give up ahead of time. If you are confident that your appeal will be rejected, just do not file it.

Summary

Everyone has the right to disagree with a court order. But at the same time, he must give arguments and facts that would convince the judge of the lawfulness of the appeal. Your evidence should be stated in the text of the complaint, and it should sound pretty convincing. Otherwise, the judge will simply refuse to start the process again and reject your request. You must also comply with the deadlines. An appeal may be filed within 10 days in the case of criminal proceedings or 30 days for civil and administrative cases. If you follow all the points you are likely to get the expected result and save your time and nerves.