The court session is over, the decision on the case is announced. It would seem that long weeks of waiting for the completion of the process and the real hostilities in the past. But the joy is premature. The opposing side is not satisfied with the court’s decision; it wants to continue the battle. She filed an appeal, which eloquently speaks of a letter sent from the court with a proposal to write and send an objection to the appeal. What it is? How to write? Do I need to write? In what norms of the law can one meet the concept of “objection to an appeal”? A sample document and answers to your questions can be found in the article.
Objections or feedback?
In the civil procedure, the legislator determines that the persons who participated in the court session have the right to submit a response to the appeal of the person who does not agree with the court decision. The recall itself as a document essentially constitutes an objection to the appeal, which sets out all the arguments of the party. Documents that were not considered in court by the previous one and confirm the validity of the objections are attached to the recall. Based on the analysis of the article of the Civil Procedure Code, we can conclude that the recall is the name of the document, and the objection to the appeal is its meaning.
In the footsteps of the legislator. Obligated or entitled?
Nowhere in any procedural code governing the conduct of litigation as well as the process of conducting pre-trial investigation, there is no peremptory (mandatory) rule on the filing of objections. The articles of the codes contain the words “entitled”, “may”. The party has the right to independently decide whether it is relevant for her to file an objection to the appeal or whether it is possible to do without it.
Should I file an objection?
As indicated above, the party that "won" the process has the right to independently decide whether it needs to be puzzled by writing and submitting objections or to ignore the right granted to it. But among professional lawyers, there is still an opinion that an objection to an appeal disciplines participants and pays tribute to the court that will consider the complaint. It will be much easier for officials in the judicial mantle to have both an appeal and objections to it to understand the position of both parties and, as a result, make the right decision.
Where are the objections filed?
In practice, objections to the appeal may be accepted by the clerk of the district (world) court and the appeal. You can file directly at the meeting to consider the complaint, but before a court ruling is issued. The law also determines that this document must be submitted to the court, which issued (decided) the initial decision. First court notifies the parties that a complaint has been filed against a court decision (judicial act) and offers to submit a response to it, setting a deadline for filing an appeal against the appeal.
Objection deadlines
An appeal is filed within the time period specified by law. In the civil process one month is allocated for its preparation and submission, in the criminal process - ten days, in the arbitration - one month. Violation of these terms (if the court does not consider the reasons for missing them to be valid) is the ground for rejecting the appeal. The time limits for filing objections are established by the court. In legal terminology, the time limit for such an action should be reasonable. The reasonableness of the period is determined by the time for delivery of correspondence, the volume of the complaint, the complexity of the case and other circumstances.Since this period is set by the court, and not by law, it can be extended if necessary by writing a statement about this.
How do you write an objection to an appeal?
You can search for a sample in legal books or create one yourself.
The law does not define the mandatory type of document, but in practice a certain form of objection has developed. A sample document usually looks like this:
- at the top of the sheet to the right is the name of the court in which objections are filed;
- hereinafter - data on the person filing an objection to the complaint;
- decision made and details of the case;
- in the center - the name of the document;
- further in the text, it is necessary to write reasonably why the court decision should be left in the form that it was accepted, and the appeal should be dismissed and not taken into account;
- if there are additional documents, attach them, if they are in the case, give an indication on them (numbers of sheets of the case);
- Signature and transcript of the signature of the objectioner.
You can write as the party considers it necessary, most importantly, when drawing up objections, you should compose them so that the court has an opinion on the legal position of the party and what rules of the law the participant in the process who argues his opinion operates on.
Features of the preparation of objections in criminal and arbitration proceedings
In criminal proceedings, the court also notifies (notifies) all participants of the complaint, sends copies of it to the participants and offers a deadline for objection to it. The objection to the appeal of the victim and the convict are attached to the criminal case and are considered together with the complaint.
In the arbitration process, the procedure for filing objections practically does not differ from the mechanism for submitting it to a civil and criminal court. The court also notifies all participants of the complaint by filling out and sending the parties a decision to accept the complaint. Participants in the trial can write a review on the appeal, which is sent by registered letter using postal services. The document is attached to the recall, confirming its sending to other participants in the process. The only difference is that documents (objections and evidence justifying it) can be sent to the court, which examined the case by filling out a special form on the court’s website via the Internet. Objection to appeal arbitration manager who deals with affairs about bankruptcy of legal entities, compiled as described above.
The procedure for challenging a court decision is initiated by filing an appeal against it and suspends the entry into force of the act adopted by the court. Accordingly, this action makes it impossible to execute the decision.
You can draw up documents in court on your own, but an appeal to a professional - a lawyer or a lawyer specializing in certain types of cases, will guarantee a greater likelihood of restoring the violated rights of participants in the process.
