If the court decision has not yet entered into legal force, then in this case the accused has the right to appeal it on appeal, in accordance with the current legislation, however, in the process of drawing up his claims, a lot of features should be taken into account, and also used as the base is the correct samples of appeals in civil cases.
In other words, if for some reason the court decision does not suit you and you consider it to be inconsistent with the laws, unreasonable and, accordingly, subject to cancellation, then you have every right to appeal it.
Who can do this?
Using samples of appeals in civil cases, parties and other people involved in litigation can draw up a list of requirements. Moreover, the right to bring this submission belongs to the prosecutor in charge of this case, as well as the right to file a complaint to those persons who were not initially involved in the case, and whose duties and rights were decided in court.
It is quite natural that a person who is not too versed in various legal subtleties cannot take into account all the features of legal proceedings and, accordingly, experiences certain difficulties in drawing up an appeal, so it is best to seek the help of a professional lawyer. It happens that some people decide to submit a document on their own, using a sample of filling out an appeal in a civil case. But you need to understand correctly that here you will have to remember all the subtleties and features.
Who is considering?
Using samples of appeals in civil cases, you need to correctly understand who can consider them, namely:
- district court;
- supreme court and regional court;
- Armed Forces Judicial Collegium;
- Armed Forces Appeals Board, if it is a decision of the Armed Forces.
Take into account the subtleties
It is in these institutions that you need to go to submit your own requirements for consideration. At the same time, it is important to fill out all the papers using samples of appeals in civil cases, since the review process may contain a rather large queue, and even minor errors in some situations may be perceived as a reason for rejecting the consideration of your question.
When can I serve?
It is quite natural that the submission of such a presentation can be carried out only if there are certain grounds for this, they must be correctly justified. For this reason, even when a brief appeal is filed in a civil case (sample below), you need to understand when it is really relevant. In particular, it is worth noting several situations:
- the court considered cases in an illegal composition;
- the case was considered in the absence of a specific person who was supposed to take part in it, but was not duly notified of the time and place of the meeting;
- there were violations of existing rules on the language intended for the conduct of legal proceedings;
- the court ruled on the duties and rights of people who are not involved in this case;
- the judge or other authorized person did not sign the final decision, or it was satisfied by unauthorized persons who were not initially part of the review;
- when solving the problem, there was no protocol containing information about the trial;
- the rule of secrecy by the judge during the adoption of the final result was violated.
If the decision is essentially correct, then it cannot be canceled if only formal considerations are present. In this regard, even a brief appeal in a civil case (sample below) should be made only if there are good reasons.
What should the view contain?
The appeal must include the following information:
- name of the court to which the submission is made;
- the name of the specific person who filed the appeal in a civil case, as well as his place of residence;
- an indication of a specific court decision that is subject to appeal;
- the requirements of the plaintiff or the authorized prosecutor bringing the representation in question, as well as all the possible grounds for why they consider the decision made by the court to be incorrect;
- list of documents that were attached to the submission.
It is worth noting that both the document of the plaintiff and the sample of the appeal of the defendant in a civil case cannot contain requirements that were not stated when the problem was examined by the court of first instance.
Features to consider
Providing a reference to the person filing the complaint or to the particular prosecutor providing the appeal to any new evidence found that was not presented during the initial review of the case is allowed only if the complaint justifies that the evidence is not could be represented in the court of first instance.
Any, even preliminary appeal in a civil case (a sample is submitted) can be signed either by the person submitting it, or by an authorized representative. Moreover, in the latter case, a special power of attorney must be attached or some other document that allows you to certify the authority of the representative, if he is not discussed in the case under consideration.
The appeal submission must be signed by the prosecutor, while the document confirming full payment of the state fee (if any) must be attached to the appeal.
What is the result?
After the court has received the complaint, as well as, possibly, a sample of the objection to the appeal in a civil case, it is considering this documentation. Ultimately, he has the right:
- not to make any changes to the decision of the court of first instance, that is, the presentation or appeal is not satisfied;
- decision trial courts cancel partially or completely, or take a completely new decision in the case;
- the decision of the court of first instance to partially or completely cancel, as well as completely terminate the paperwork or leave the application itself partially or completely without consideration;
- to leave the submission or the received sample of the appeal in a civil case without consideration on the merits if the complaint is filed after the expiration of the appeal period or if a solution to the issue of further restoration of this period has not been reached.
You need to be prepared for any of these decisions when submitting such an appeal. It is worth noting that if the decision has not yet been made, you can withdraw the appeal in a civil case, a sample of which was previously submitted to the court.
When can they cancel a decision?
It is quite natural that the annulment or change of a court decision is carried out only if there are good reasons for this, which are:
- incorrect definition of circumstances that are significant for this case;
- the court failed to prove the established circumstances relevant to the case;
- court findings set out in the decision-making process do not correspond to the existing circumstances of the case;
- when considering this problem, any legal norms were violated or incorrectly applied.
It is worth noting that after a standard or short appeal in a civil case has been examined (sample below), the court ruling automatically takes effect immediately after a decision is made.
Proper drafting
Before writing the complaint directly, you should decide which court you are going to address to. If the court that has made the decision is located, for example, in the Moscow Region, then in this case you must file your complaint with the Judicial Board, which deals with the problematic issues of the regional court. If we are talking about the district court of the city of Moscow, then in this case the complaint should be submitted to the Judicial Board of the Moscow City Court.
In this case, be sure to pay attention to the fact that the addressee in the compiled complaint must indicate exactly the above institutions, but the document itself should be sent directly to the court whose decision you are appealing, and subsequently it will redirect it along with the civil case under consideration.
In the upper right corner, the name of the court of appeal, as well as of the judicial institution to which you apply with a complaint, is indicated. The appeal also must be written, from whom exactly the document is submitted, including name, phone and address, as well as the procedural position of this person (defendant, plaintiff or third party). After this, all persons participating in the case should be listed, with their addresses and full name.
After the heading of this document is added, the name “Appeal complaint” is indicated in the center of the sheet.
Filling in the basics
Under the title of the document, it is necessary to indicate on which specific court decision, as well as from what date the submission of this document is carried out. The statement of complaint begins at the end of the story, namely, what specific decision the court made and in whose favor, as well as what the essence of this consideration is. After that, we can proceed to a detailed description of the problem for the consideration of which an appeal was filed to court.
How to make it up?
The complaint should be stated in such a way that a detailed analysis of the solution is carried out in it. judicial authority from the point of view of violation by this court of legal norms. You should also pay attention in this document to the court’s investigation of the evidence that you submitted, including an explanation of whether the court appropriated it.
If we talk about what constitutes improper use of substantive law, then this includes:
- non-application of a specific law that should have been applied;
- the application of a specific law that should not have been applied;
- incorrect interpretation of a certain law.
If the rules of procedural law have been violated or incorrectly used, this fact is a direct basis for the final decision by the appellate court to completely change or reverse the decision, however, such a decision is made only if the violation was or could be the reason that the authority made an incorrect decision.
application
In addition, the appeal must be filed with the application.The application consists of copies of the main document provided (depending on the number of persons taking part in this case) and a receipt confirming payment of the state fee. You can also attach a ton of other documents to the complaint, if earlier you did not have the opportunity to attach them to the rest of the civil case materials.
Features of filing with the European Court
If you plan to file a petition with the European Court of Human Rights, then in this situation the appeal should already contain references to various articles of the relevant convention. If this link does not exist, then in this case your complaint will be declared incorrect.
Ultimately, after drawing up the complaint, you need to sign and indicate the date of preparation.
If you are not confident in your abilities or cannot correctly fill out this document, it is best to contact specialists who are knowledgeable in this matter and will help solve this problem.
