An application for the issuance of a copy of a court decision is provided for by the procedural codes and by-laws. Despite the outward simplicity of the action, it is fraught with many nuances that our article talks about.
Eligibility
An application for the issuance of a copy of a court decision may be submitted by all participants in the process - plaintiffs, defendants, third parties. All those who have procedural status in the case.
There is another group of participants whose rights are affected by a judicial act, but they did not participate in the process. So, for example, it is provided that such persons have the right to file a complaint for review at any stage of the proceedings.
Persons entitled to access the case file by virtue of participation, relationship or succession are not required to communicate why they need a document.
The representative of the procedural persons is also entitled to request the issuance of a copy of the court decision if the term of his power of attorney has not yet expired or a new one has been issued to him. In other cases, documents are not issued to him.
Why such a question arises
The judge does not announce the full decision, but only the introductory and operative parts. There is no motivation. In some cases, if the matter is not complicated, a complete decision is drawn up after the process is completed. But this rarely happens.
Why write a statement? The judge will still make a full decision. Yes, but very late. Participants in the process run the risk of being late with a complaint. The presence of a statement indicates that the participant in the process took all actions that depended on him.
Deadline
The law limits the time of a judge to draw up a decision. By law, he is given 5 days from the completion of the process. Justices of the peace have the right not to write a decision with a reasoning part. Parties wishing to receive it must submit an application to a judge within 3 days after the meeting, if they were present. 15 days are given for appeal to those who were not in court.
A justice of the peace, having received a request for the issuance of a full judicial act, is required to execute it within 5 days.
The problem of obtaining a complete solution
If the application for the issuance of a copy of the judgment of the magistrate’s court is submitted late, the document may be refused, although the law does not give such powers to the court. It is not clear how to act in such a situation to a person who wants to file a complaint about a review of a case. Complaints periodically arise regarding the abuse of this rule by the courts.
A private complaint is filed against the officials' refusal to complete the decision. Is it reasonable? The dispositive rule applies to the civil process: everything that is not prohibited is allowed.
The draft judicial reform, which proposed extending this provision to almost all other civil and administrative cases, provoked a negative reaction in the legal community.
For what purpose is the decision issued?
An application for a copy of a decision of an arbitral tribunal or other judicial authority is filed with several potential objectives:
- To issue the termination of marriage.
- Get title recognized by the court.
- Continue formalizing rights through a judicial act (for example, recognition or fact-finding).
- Start enforcement proceedings.
The appeal may follow from other persons, for example, heirs in need of confirmation of kinship, another legal fact that has previously been confirmed in relation to the deceased.
In addition, heirs can continue the argument of previous generations.It will be easier for a judge to deal with a new dispute or even make a decision to close the case, having familiarized himself with previous decisions regarding the subject of the dispute.
Innovations in order of receipt
Procedural codes allow you to organize the issuance of decisions in electronic form. this system has already been developed in arbitration courts. They also established the transfer of decisions directly to the FSSP to open enforcement proceedings without visiting the management. Corresponding changes were made to both the Code of Civil Procedure and the CAS.
The application is sent through the court website by filling out a special form, authorship is confirmed by digital signature. Of course, participants are not deprived of the right to go to court with a more familiar statement on paper.
Document structure
A sample application for a copy of a court decision looks rather schematic. Either the form proposed in court is filled out, or the document is compiled by typing on a PC or writing it by hand.
- Information about the court (name).
- Information about the applicant (name, place of residence, phone number, other means of communication).
- Date and number of the decision.
- Grounds, reasons for issuing a copy.
- A sample application for the issuance of a copy of a court decision provides for the need to state the essence of the claim (dissolution, recovery of funds).
- Date and signature.
An application for the re-issuance of a copy of the court decision shall be submitted in the name of the judge who made the decision. If he does not work at this moment, then addressed to the chairman of the organization.
Application Nuances
The document is submitted in person, through the electronic system, by sending by mail with a notification.
The registry of the court proposes to put a mark of acceptance on the second copy.
Upon receipt of the application, they are asked to indicate how to send a full copy of the solution (mail, electronic services).
Is it possible to do without a statement
Some organizations, such as real estate registration authorities, are entitled to request documents in order to verify the validity of the application for registration of rights.
Rosreestr has the right to appeal to the court if there is doubt about the validity of the document submitted as a decision.
Notaries have similar powers, but more often they are used by the courts themselves.
Duration of preparation and number of copies
If the case is not transferred to the archive, making copies will take about a week (depending on the workload of the court apparatus).
According to changes in the law, it is now allowed not to pay for the issuance of new copies, but their number is limited by internal documents.
Some court staff advise sending a request on behalf of the same Rosreestr if the applicant's needs exceed the limit.
After receiving a message that the copy is ready, the applicant should go to court to pick it up. Otherwise, the paper will be attached to the case, which will again be archived. In this case, you will have to write a new statement, otherwise the decision will not be issued.