In order to correctly draw up a complaint against a court decision, which contradicts the rules of law and a response to an appeal, not only knowledge of the current legislation is necessary, but also practical experience in writing procedural documents. The article gives specific advice on writing a review for those who decide to write it yourself.
Feedback? Not really ...
In jurisprudence, there are two different documents, called "review". The article provides recommendations on how to write a review in the meaning of "objection" to the appeal. The party that has written and sent the complaint, who filed it, at any time prior to the start of the consideration of the case, can withdraw it by submitting an application to the appeal court to the registry of the relevant court.
The article will focus on the first type of reviews.
Who has the right to file appeals and reviews?
The appeal is submitted by the party to the trial, which for some reason considers that the decision (which was adopted not in its favor) contradicts the rules of law, the circumstances of the case, and something else at its discretion. Accordingly, the response to the appeal is written and filed by the second side of the process, which the decision is quite satisfactory, and the appeal is not at all like. Why write a review, will be discussed below.
How is a review made out?
For example, the statement of claim or the text of the appeal must comply with the requirements prescribed in the procedural codes. Legislation is not regulated and does not impose stringent conditions for the preparation of a document called "response to the appeal." You can search for a sample of it in the vastness of the world wide web and compose it in writing yourself. Feedback is simpler. But, nevertheless, some details for a successful understanding of its essence by the judges who will read it into it must be present.
In judicial practice, the most common response is to the appeal of the defendant who does not agree with the decision of the court. As mentioned earlier, the document must be in writing.
Review Attributes
The document should contain the following:
- In the upper right corner of the sheet is written the name of the judicial authority that will consider the appeal.
- Below is information about the person submitting the response to the appeal, full name, surname, patronymic, place of registration and place of actual residence for receiving correspondence sent from the court, means of communication (phone and email address).
- Information about the court decision and the appeal filed.
- The legal position in the case, why the court decision should be upheld, and dismissed the appeal.
- List of attached documents (if any).
- Signature and transcript of signature of the person submitting the review.
The fourth paragraph, the main one, is written in free form. When drafting it, it is necessary to concentrate on ensuring that the court has a clear idea of what the person writing the review of the appeal wants to achieve. A sample is provided below. The given example of the document is schematic, the data is entered depending on the specific circumstances and features of the case.
How and when to give feedback?
After the complaint has been taken to work, the court will send it to all participants in the proceedings and offer to write a review.It should be noted that the legislator does not oblige the party to submit reviews, but writing it will greatly facilitate the process, the court will more understand the position of the parties, which will reduce the time of court hearings. The document is sent to the court that considered the case.
Appeal recall example
The document may look like this:
AT ____________________________
(name of the court considering the appeal)
From: ___________________________
(completely, without abbreviations
name, patronymic and last name of the person
submitting feedback, registration address and actual place of residence)
Feedback on appeal
"___" _________ _____ by the court _________ (the name of the court that decided) is issued a decision on the merits of the case _________ (data on the decision, its details, number of the case are indicated), which _________ (indicates the result of the consideration of the case - the claim is satisfied or rejected (in satisfaction was denied).
The defendant filed an appeal against this court decision. The party that submitted it refers to the norms of material and procedural legislation, which, in the opinion of the defendant, were allegedly violated by the court upon decision.
I consider these arguments of the appellant unfounded and insolvent _________ (motives and evidence are given why the appeal is insolvent, objections are written).
Based on the foregoing, guided by the Code of Civil Procedure of the Russian Federation,
I beg:
- Take into account the circumstances and arguments specified in the recall.
- Leave the decision of the trial court unchanged.
- Leave the appeal _________ (data of the person who filed the appeal) dismissed.
The date and signature of the person who filed the review of the appeal.
Code of Civil Procedure of the Russian Federation and APK of the Russian Federation (procedural codes that prescribe how to conduct a lawsuit) somewhat differently govern the preparation of documents. In the Code of Civil Procedure, drawing up a recall, or, in other words, objections, is the right of the party, and not the obligation. He goes to the court that made the decision (first instance). The agro-industrial complex has its own differences, which we will consider below.
Arbitration. Feedback on appeal
Arbitration process unlike civil, obliges the party to submit a response to the complaint. Moreover (there is no such norm in the civil procedure), according to the agro-industrial complex, a response to an appeal can be filed electronically using the Internet. In the same way the necessary documents are attached.
Why is a review necessary?
Even trial won, it’s too early to relax. As mentioned above, an opponent who does not agree with the decision will, by all means, try to cancel the decision by filing an appeal to a higher court. In order to defend as much as possible their position in the case and the court decision made by the court of first instance, a recall or objection must be filed. Otherwise, such a situation may arise that the court of appeal will consider the complaint on the grounds that were provided by the adversary in the process. What else can be useful for the document? You can attach a petition to the request for the collection of documents (evidence) that were not considered earlier, but are important for the proper consideration of the substance of the dispute. It will not be superfluous to attach to the recall the existing practice in the case or even the opinion of a competent specialist or expert. Believe me, the court will accept such arguments to attention! And finally, the technical point - to recall you need to attach copies of it in accordance with the number of persons participating in the case under review.
No matter how simple the matter and preparation of documents for him may seem, the best option would be to seek advice and assistance from a specialist in the field of law - a lawyer or a lawyer. This step will help to avoid annoying mistakes and maintain peace of mind.
