Appeal of a decision of a district court: timelines and procedure

Decisions made by everyone first instance courts in addition to decisions of justices of the peace, they may be challenged in the course of the appeal proceedings. This provision applies to acts that have not entered into force. Next, we consider what is the procedure for appealing against a decision of a district court.

General information

The time period for appealing a decision of a district court is one month from the date of its adoption. For sentences, a period of 10 days is set. According to the Code of Civil Procedure, an appeal against a decision of a district court is made at the same court where it was adopted. The new Civil Code has a provision establishing slightly different rules. So, a complaint against a decision can be sent directly to the court of appeal. However, from there she will still return to the court where the contested act was adopted. Experts consider this amendment inappropriate.

How to make a statement?

Consider the basic requirements for compilation (below is a sample). An appeal of a decision of a district court is carried out by submitting a written application. It should contain the name of the higher authority, the details of the applicant (full name and address). The content shall indicate the decision that is being appealed, the arguments on which the requirement is based. In conclusion, it is necessary to list the securities attached to the application. Among them is the receipt that the state duty was paid.

At the end you need to put a signature and the number of compilation. The number of copies of the complaint should be equal to the number of participants in the case, plus 2 more copies. Those requirements that are contained in the application must match those specified in the original claim. The received complaint is considered by the judge for compliance with the established requirements for registration and the conditions for initiating proceedings. If no violations are revealed, copies of the materials are sent to the parties to the dispute. If inconsistencies are found, the judge shall issue a determination. It indicates the shortcomings of the application, as well as the period in which you can make corrections and submit it again.

Appeal review

The applicant may waive his right to appeal the decision of the district court by withdrawing his appeal. This may be the case if it has already been submitted by other interested parties to the process. All participants in the proceedings have the right to familiarize themselves with the materials submitted by the applicant. They also have the opportunity to file their objections. Claims of interested parties are made in writing. Documents substantiating objections must be attached to them. The number of copies of claims must also be equal to the number of parties.

Case outcome

The proceedings during which the decision of the district court is appealed shall last no more than two months from the date of receipt of the application. The result of the review may be as follows:

1. Leave the act unchanged, and the stated requirements are not satisfied.
2. Change or cancel the decision of the first instance in full or in part of the claims specified in the complaint, adopt a new resolution on the case.
3. Stop production. In this case, the decision is canceled in part or in full.
4. Leave the application without consideration.

additional information

Appealing a decision of a district court is also possible by filing a private application in a civil case. In the case of its adoption and satisfaction, the adopted definition shall enter into force on the date of adoption. It should be said that the adoption of the act not in favor of any party does not mean that the case is completely lost.With a competent approach, you can always find the grounds on which it is possible to appeal the decision of the district court. You can, of course, turn to a qualified lawyer. A specialist will help to correctly formulate their requirements, and if necessary, become a representative in an authorized instance.

Appeal of an appeal decision of a district court

The adopted act can be challenged in cassation instance. Such appeal may be initiated by interested participants and other parties to the case, as well as the prosecutor. The latter submits a cassation submission. The application is sent to a higher authority. Regarding the district court, it is the court of the subject.

Design Features

A cassation appeal is drawn up in accordance with the requirements established by law. As in the previous case, the application must indicate the name of the higher authority, the data of the submitter (full name, address). The following is information about the decision appealed. In particular, the name of the authority that issued it shall be indicated, number and date of adoption. In conclusion, the documents attached to the appeal are listed. In case of non-compliance with the specified requirements, the cassation appeal will not be considered. The application will be returned to the person submitting it. The content of the document contains the reasons according to which the interested party considers that the decision of the appeals body is subject to cancellation, since it violates its legitimate interests, rights and freedoms. Arguments may be links to regulations governing the subject of the dispute.

Important point

A cassation appeal must be submitted through the same court in which the contested decision was taken. From there, the application will be sent to a higher authority. When submitting, copies of all materials must be provided, including the application itself. The number of instances must match the number of parties to the process. Materials may be sent by letter of notification or delivered personally on receipt. During the consideration of the case, it is not allowed to provide evidence that did not previously participate in the proceedings. An exception is cases when additional materials were not submitted for objective (valid) reasons.

Supervisory claim

It can also be submitted to a higher authority for an act that has entered into force. The supervisory procedure is applied when the applicant has exhausted the possibilities of appeal and cassation appeal. The rules for applying are similar to those given above. Supervisory complaint should be submitted to the Bureau. judicial authority subject of the Russian Federation. The content of the application must necessarily indicate the reasons and arguments in accordance with which the act should be repealed.

Examination in the absence of a party to the case

If the defendant did not attend the meeting, did not petition for the proceedings in his absence, with the consent of the plaintiff, the case may be heard in absentia. Within 3 days, a copy of the act adopted in the case shall be sent to the person not present. The defendant has 7 days to appeal the absentee decision of the district court. This period begins with the receipt of a copy of the act. It does not matter when the defendant received it - in a month or in a year.

What should be indicated in the statement

The complaint, as in previous cases, contains all the necessary details. The content contains the reasons why the defendant was not present at the hearing. For example, on the way to a meeting, he had an accident and was sent to a hospital. As evidence, the defendant must provide a certificate from the medical institution, which records the time of hospitalization. It should be noted that in any case, supporting documents must be attached so that the court can recognize the reason for the absence as valid.

Often in practice, an act is issued in the absence of proper notification to the defendant. The applicant, for lack of other reasons for failure to appear, may refer only to this circumstance.The complaint is considered in court. All participants are notified of the date and time of the meeting. The court may set aside the appealed decision. In this case, the proceedings will be re-conducted on the merits in accordance with the general rules. The court may also refuse to appeal. Then a motivated determination is made about this. He, in turn, can be challenged by filing a private complaint.