How to file a cassation appeal in a civil case
How to file a cassation appeal in a civil case
Often there are situations when the solutionThe court does not meet our expectations and is absolutely not satisfied. In this case, you need to act. One such action is the citizen's ability to write an appeal.
Instructions
1
Cassation can be filed for the decision of any court,except for only the world. At the beginning of the decision of the Justices of the Peace, an appeal is filed, and then the cassation and only if the procedural deadlines are observed.
2
If the citizen is going to appeal the actionregional court or city, the complaint should be sent to the regional (regional) court. If the appeal is subject to a decision of the regional (regional) court, the complaint is submitted to the Supreme Court of the Russian Federation. On the decision of the Supreme Court you can complain to the Court of Cassation.
3
The cassation instance deals in general termsin that it checks the legality of the judicial decisions that have already entered into force, It can send the case for reconsideration, the appellate one, by the way, does not have such powers. But it must be taken into account that the cassation has no right to investigate new evidence. Six months after the entry into force of the court order - this is the time for filing a cassation appeal.
4
Initially, the complaint must be submitted to the court whose decision you appeal. Then already this court makes certain procedural actions and redirects the complaint to the necessary authority.
5
Anyone who participates in theprocess, i. plaintiff or defendant, as well as their representatives with a power of attorney. The complaint can also be filed by a third party who participates in the process. And, of course, the prosecutor, who has the power to bring a cassation presentation.
6
The cassation complaint shall indicate the name of the applicantthe complaint, the name of the court where it is filed, sets out the essence of the complaint, indicating the number and date of the court's decision, which the applicant disagrees with. It is necessary to specify in detail and accurately the points on why you consider the court's decision illegal, since one can not rely solely on one's own subjective opinion when writing the cassation. All reasons for changing or canceling the court decision are described in art. 362 of the Code of Civil Procedure of the Russian Federation.
7
And at the end of the cassation complaint it is necessary to indicaterequirements to the court. Those. you want to cancel the decision of the court, consider it again in the court in which it was considered initially, or stop the proceedings. A cassation complaint is filed by the applicant or his representative.
