Private complaint against the court ruling: sample

In addition to decisions in civil matters, the court may issue rulings. Both of these acts may be challenged. Let us further consider what constitutes a private complaint against a court of first instance ruling.

General information

The list of cases when a private complaint is sent against a court ruling is defined in Art. 331, part 1 of the Code of Civil Procedure. In accordance with it, an act can be challenged if it is expressly provided for in the Code, or if the decision excludes the possibility of moving the case. Other definitions may be appealed together with the decision. For example, the act on the refusal of the application for the appointment of an examination, the inclusion of evidence in the materials and study, and so on. Simply put, a complaint about a particular court ruling is allowed. Claims regarding other acts are included in the appeal.

To whom is the application sent?

According to the provisions of Article 331, in part 2 of the Code of Civil Procedure of the claim are addressed:

• In the RS (district court) - on the decision of the justice of the peace.
• In the Armed Forces of the republic, regional or regional, city of the Fed. values, autonomous region (district) district (navy) - on acts of the RS.
• The appellate court of the relevant court - on the determination of the authorities specified in the previous paragraph.
• Board of Appeal of the Armed Forces on the acts of the Armed Forces.

It should be borne in mind that a private complaint about a court ruling is sent through the authority that issued it.

When can I file a claim?

The deadline for submitting a private complaint is 15 days from the date of publication of the contested act. Calculation of time is carried out from the date of transmission of the application to the office. A private complaint against a court ruling may also be sent by mail. In this case, the sending date will be the original.

Review Procedure

It is installed in Art. 333 GIC. In accordance with the provisions, after receiving the claim, the authorized body must send copies of it and the materials attached to it to all persons who participate in the case. Along with this, a reasonable period is established during which the parties can submit their objections to the application. Typically, a private complaint against a court ruling is considered in the absence of participants in the case. The law also establishes exceptional cases where the parties are not notified of the proceedings.

Private complaint: court rulings that can be appealed

The law lists the following acts that can be challenged:

1. In relation to the parties that declare independent claims on the subject of the dispute, their recognition as 3 persons or the refusal to recognize them as such.
2. Concerning the return of video and audio recording media.
3. About replacement or refusal to change the assignee.
4. For questions about the disposal of material evidence.
5. About refusal to reduce or add a fine.
6. For questions regarding court costs.
7. About refusal to accept the application.
8. About securing a claim.
9. About refusal to restore the missed deadline.
10. About leaving the claim without motion.
11. Refusal to make an additional decision.
12. About the return statement.
13. About termination, suspension of proceedings, leaving applications without consideration.
14. About clarification of the decision.
15. On the indexation of awarded amounts.
16. On installments or deferral of execution of the decision.
17. On making corrections to a judicial act.
18. On the immediate execution of the decision.
19. On the prohibition of the issuer of the document to make payment on it.
20. About issuing a duplicate.
21. On leaving the cassation appeal, representation without motion.
22. On issues that are provided for in Art. 298 Code of Civil Procedure.
23. About the restoration of the term.
24. Termination, suspension of the execution of the decision.
25. On the refusal to satisfy the application for the cancellation of the act on leaving the claims without motion.
26. About turning the decision.

Review without notice

As mentioned above, the law establishes cases where consideration of an application is carried out without notice to participants. Such complaints are filed against the following definitions:

1. On enforcement or refusal of enforcement of orders of foreign courts.
2. On the suspension of production.
3. On recognition of the rulings of a foreign court or refusal to do so.
4. On leaving applications without consideration.
5. On the recognition and enforcement of decisions of arbitration institutions of foreign jurisdiction (arbitration) or refusal to do so.
6. About the termination of production.
7. On satisfaction of requirements for revision of decisions on newly discovered circumstances or refusal to do so.
8. On the abolition of acts of the arbitration court or the failure to satisfy this requirement.
9. On the issuance of an executive document for the enforcement of the decision of the arbitration body or refusal to do so.

However, taking into account the complexity and nature of the procedural issue under consideration, the arguments presented in the private complaint or the objections concerning them, the appellate judge has the right to call the parties to the dispute to a meeting.

Review Period

In Art. 327.2 of the Civil Procedure Code set a time period for the consideration of a claim. So, the district, regional, regional court, the Armed Forces of the republic, the city of the Fed. values, autonomous okrug (oblast), naval (district) military court must consider the complaint within no more than two months from the moment of its receipt in the court of appeal. For the Armed Forces of the Russian Federation, a period of 3 months is established.

Review Results

Having examined a private complaint against the act of first instance, the court of appeal may:

• Leave the decision unchanged, and the claim dismissed.
• To cancel the disputed act partially or completely and consider the case on the merits.

Sample

A private complaint against a court ruling must be drawn up in accordance with the established procedure. Like other similar statements, it must contain the details of the authority to which it is sent. At the very top, the name of the court to which the claim is addressed is indicated. The following are the applicant's details: name and address. The content of the complaint shall indicate the contested determination and the case in which it was issued. Then it is necessary to summarize the circumstances. You need to start from the date when the decision was made on what case. The essence of the requirements should be indicated and what issue was resolved by the contested act. Next, it is necessary to provide arguments in accordance with which the definition should be recognized as unfounded. It is advisable to provide references to those laws that, according to the applicant, were not applied, used incorrectly or did not relate to the case in question. Directly in the request itself, it is necessary to indicate the norms that guide the person filing the complaint. In particular, this is Art. 331-333 GIC. The petition again indicates the act that should be repealed, the civil case in which it is submitted and sets out, in fact, a request for cancellation, while indicating how the case should be resolved in the appeals body. At the end, the documents attached to the application are listed. Copies must be provided in the amount that the number of persons involved in the case. At the end is a number, a signature. The complaint can be taken personally to the office or sent by mail. In the latter case, a registered letter should be sent with the notification. In the above terms, the court will either notify the participants of the time, date, place of the meeting, or consider the complaint without notifying the persons. The adopted decision in the latter case will be sent to the parties by mail.