The court always makes a decision by which one of the parties to the process may be unhappy. The legislator provided for such cases the possibility of filing appeals to the higher courts.
What is an appeal?
The losing side has the right to fight in litigation to end. An appeal is a way of verifying the legality of a lower court decision that has not yet gained legal force, that is, has not entered into force. Courts usually delay the entry into force of their decisions for a period of 10 days to one month. It all depends on the nature of the situation in question and the specific requirements of the law.
The main objective of the appeal is the annulment of the unlawful, according to the plaintiff, court decision in which the case was examined. According to the classification, there are several types of appeal: full and partial. What is the difference between them and what is common? Relative to these types of appeals of judicial decisions is that the legality of the decisions taken is verified. The evidence base is used exactly as in the first trial. The difference is that with a partial appeal, the court does not decide the case in essence, but can only reverse the decision made by the judge and return the case to the district (city) court. With a full appeal in the event of cancellation of a lower court ruling, the case remains in the court of appeal and is examined on the merits.
Deadline for appeal and
recovery
So, the possibility of appeal is provided for both in civil and in criminal proceedings. The only thing is that the maximum deadlines for filing a complaint are different. The provisions of Article 321 of the Code of Civil Procedure of the Russian Federation (paragraph 2) govern the procedure for filing appeals in civil proceedings. This article deadline for appeal establishes in the amount of a month from the date of the pronouncement of the judicial verdict. That is, if this is a court between two persons for property, then the period for appeal will be 30 days from the date of the pronouncement of the court decision.
In the criminal process, everything is a little different. According to Article 389.4 of the Code of Criminal Procedure, a complaint against a sentence or decision trial courts may be filed within 10 days after the date of the hearing. If the prisoner is in a pre-trial detention center, then the 10-day period begins after delivery of a copy of the court decision signed by him.
Many comers manage to use their right to fight for justice. But not everyone. It happens that people miss the deadline established by law for reasons beyond their control and do not know that, together with the complaint, you can file a petition with the court to restore the deadline for filing an appeal. If the plaintiff in this application indicates really good reasons that did not allow him to invest in the time allotted by law, the court will extend the time limit for the possibility of appealing the decision of the first instance.
Main reasons for missing an appeal deadline
There are several reasons why people cannot invest in the time they have to appeal. Probably the most important and, at the same time, difficult to prove reason is the lack of a court decision in the hands of the losing party for a long period.
The second reason is absolutely commonplace - the person’s illness, which has the right to appeal a court decision. But this is not a problem! Filing an appeal will occur after recovery.
A valid reason will also be considered to be any documented absence of a person who wishes to challenge a court decision in a city or country for a long period.
In principle, any other reason that can be documented can also appear.
Technical delay in the production of a court verdict
As you know, in many domestic courts there is a lack of personnel due to a fairly low wage. The number of lawsuits that judges have to consider, on the contrary, is constantly increasing every year. In some cases, judges and their assistants simply do not have time to prepare full texts of decisions on time. In such cases, at the final hearing of the trial, only the introductory and operative parts of the decision are read, and the full text is prepared and issued to the parties in a few days.
The technical equipment of judicial institutions today is quite good, but often there are moments of lack of ink in printer cartridges. This situation makes it impossible to print the decision and in fact can completely block the work of the judge.
In such cases, it is necessary to file a request to restore the time limit for filing an appeal. What evidence is needed? Firstly, if you received an extract from a court decision, then it is advisable to fix this in the journal in which you sign for receiving the document.
The full text of the court decision indicates all the motivation of the judge, according to which he made a decision. In addition, the expanded text sets out all the legal facts that the court took into account when considering the case, and a list of articles of regulatory legal acts that are applicable to the situation in question. Without the presence of a “full picture”, it is simply impossible to correctly write a statement of claim to appeal a decision of a court of first instance. To justify this fact, it is advisable to supplement the request for the restoration of the missed deadline for filing an appeal with a copy of the decision, which contains only the opening and resolving parts of the decision, as well as a copy of the envelope with a stamp of the postmark.
What to do if a potential plaintiff falls ill?
Of course, if a person did not know about the time limit and procedure for filing appeals, then it is hardly possible to count on a positive court decision to extend the time.
Another thing is if a person was sick. But here it is worth paying attention to the fact that the application for the restoration of the deadline for filing an appeal must be supported by a sick leave certificate, certified by the head physician of the polyclinic at the place of residence. It is important to understand that the court takes into account only official documents. For example, if the plaintiff was ill at home, did not go to the doctor and bring several witnesses to the court to confirm this fact, this option will not work, because in such a situation no one will take the word.
What to do in case of a business trip?
We have already said that one of the common reasons for missing the deadline for initiating the appeal process is the temporary absence of the plaintiff in the city, region or country. It should be understood that we are not talking about a trip to the resort. You can count on a positive court decision only if you can prove the compulsion of the trip. For example, it could be a business trip. Then the following documents are attached to the application: originals or copies of tickets for the bus or train, a copy of the travel list. The absence may also be due to the illness of parents who live in another village. Of course, a supporting document is also attached to the application.
Sample application- petition to the court to restore the term of the appeal
For a faster preparation of the application, we give a standard sample.
To court
cities ____________.
Plaintiff: ______________
residential address: _____________
_________________
Contact number:
Request for Reinstatement
deadline for appeal
Due to the fact that (a description of the problem is given) I missed the deadline for filing an appeal in order to appeal the decision of the ______________ city court _______ of "____" __________ _____ of the year No. ____ (judge _____).
The above reasons, which did not allow me to file an appeal on time, are confirmed by the documents that I attach to the application.
In accordance with the above facts and in accordance with the norms of Articles 112 and 321 of the RF PC,
I BEG:
1. Extend the time limit for filing an appeal.
Documents are attached to the application:
1. A copy of the travel record.
2. Copy of bus tickets.
Date Signature
Of course, in a criminal proceeding the statement may be a little different, but the essence of this does not change.
Conclusion
What else can we advise? Even if your reason for missing the deadline does not seem very respectful, still try to prove that everything happened through no fault of your own, and this was the case. In any case, we advise you to file a request to restore the deadline for filing an appeal. First, no one will condemn a person for trying to uphold justice. Secondly, all of the above reasons are so subjective that it should be understood - the main decision remains with the judge.
