An application for restoring the deadline for filing an appellate complaint with a missed deadline

Where should the request for restoration of the period for filing an appeal be sent? How to compile and in what cases can it be satisfied? From what date is the calculation of the period for filing an appeal?

These and many other issues are especially interesting for those for whom the decision of the district court was a surprise. Unfortunately, the trend is that our citizens more often learn about the adopted verdicts from the bailiffs, and not from the courts. Often this happens when law enforcement agencies come to describe things, arrest property or block bank accounts. We will try to maximally understand this topic.

The decision of the court is taken - what next?

After the court decision was adopted, it is necessary to calculate the period for filing an appeal. In simpler words, it is necessary to determine from which day to count.

What is the deadline for filing an appeal? According to the Civil Procedural Code of the Russian Federation, it is calculated within a month. We draw attention to the fact that not from the day of the trial process, but from the moment of the final manufacture of the court decision. Hence there are many misunderstandings in the calculations. The main problem is that the speed of the office does not depend on the participant in the process. Smooth and fair rules of the procedural code are broken against the stones of the harsh reality of Russian justice.

Making copies of a court decision: time to create and major problems

In accordance with the law, no more than 5 days are given for the office to be put in order. At this time, it is permitted to postpone the period for filing an appeal after a direct decision.

The problem often lies in the fact that courts, due to congestion, do not fit into these terms. Practice shows that it is very difficult to hurry up at the same time. As a result, a motivated decision comes late, which creates additional difficulties and problems in the qualitative preparation of the appeal and its filing.

It was one thing when the participants in the process knew about the decision of the first instance. With a professional approach, even in the case of technical problems, there are little tricks. In order not to miss the time to appeal the decision, while the Russian Post rushes with a judicial letter to the defendant, you can file a short appeal without judicial determination. As a result, the terms will not be formally missed, the court will give additional time for filing the main complaint.

The result of ignorance is the omission of the terms for appeal

Another thing is when one of the participants in the judicial dispute knew nothing about it. Hence the result - the deadline for filing an appeal was missed. But do not despair. There is a way out - an application for restoring the term for filing an appeal. What reasons are considered valid, that the courts consider it possible to satisfy it? About this further.

Good reasons

According to the Law, the restoration of the period for filing an appeal takes place if the reason for the admission is related to certain phenomena:

1. Disease of the defendant.
2. Stay on a business trip, on a watch.
3. Illiteracy. Many mistakenly assume that it means ignorance of laws. However, the courts treat this concept precisely as inability to read, write and count.
4. Another reason recognized as respectful. This, as a rule, is the ignorance of the defendant about the trial.

Time for submission

But we will analyze what period for filing an appellate complaint is registered in the procedural legislation.

It all depends on the nature of the case. In criminal cases, it is only ten days. However, if the convicted person is in custody at this time, his calculation starts from the moment of handing a copy.

In the civil process, the time for appeal is one month. The calculation starts from the moment of making the final decision (no more than 5 days). If the courts are dragged out with this, as is often the case in practice, then it is necessary to file private complaints with the judicial colleges, constantly calling, writing, recognizing. In general, do so that you are remembered and understood the consequences of your slowness. The same amount of time is given for filing arbitration complaints.

Recovery of the appeal period

If the citizen has missed the deadline for filing for a valid reason, then nothing is lost.

It is necessary to write a petition on the restoration of the term for filing an appeal. What should be indicated in it:

• All data on the case materials and decisions taken.

For example: "In the Yegoryevsky District Court of the Vladimir region (all the data are fictitious, correspond to the real geographical objects, all the coincidences of the case numbers and the personal data of the citizens are accidental), civil case No. 596/16 of 09.10.2006 on the claim of OJSC" Without guarantors "to Ivanov S. M. As a result, the court found that the plaintiff's claim was to be satisfied.The contract between me and OJSC" Let's give fast money without guarantors "terminate, pay the plaintiff the balance of the principal debt in the amount of 190,091, 90 rubles, Including interest for the use of a loan - 30 901, 20 rubles, a penalty - 12,780, 43 rubles, as well as a state duty - 9,092.34 rubles. " All these data are in the solution, it is enough just to rewrite them in the application.

• A good reason for non-appearance, petition. For example: "I did not know anything about the decision earlier, I received a copy only on 09.11.2016, as a result of which I missed the deadline for filing an appeal."

Remember that there is a principle of presumption of innocence. It applies not only to criminal cases. From this it follows that you do not need to prove the fact that you really did not get anything in your hands. Some citizens begin to request data from the postal services about incoming correspondence, certificates from the office. It's too much. If a citizen does receive judicial notifications, then the receipt is stamped on the notice's back. It is also put at the personal receipt of a copy of the decision in court. If the citizen did not sign anywhere, this automatically means that he did not receive any notifications and, therefore, knew nothing about him.

The wording in the application may contain the following: "On October 1, 2016, I received a copy of the court's decision. Returning from work, in the evening of the same number, I got into a car accident. As a result, I received serious fractures with which I was put in hospital. It was issued only on November 9, 2016. As a confirmation of the foregoing words, in the attachment I attach copies of references from the medical institution, as well as a copy of the medical history. As a result of the injuries received, the deadline for filing an appeal was missed. "

This situation falls under a specific case of the disease, provided for by procedural legislation (Article 112 of the CCP).

Final part: request and attachment

In the end, an application for restoring the period for filing an appeal should contain a request. Its wording should look something like this: "On the basis of the above, I ask: to restore the deadline for filing an appeal, to accept an appeal, to consider it on its merits."

After that, the application is singled out separately, with the list of additional documents, certificates, and proofs, which confirm the reason for the pass.

The procedure for filing an appeal

Appeal complaint is filed in the court in which the initial decision was made.

We are told about this by the courts, all lawyers, as well as the norms of the civil procedure code. But what happens if you file a complaint directly, that is, bypassing the first instance? The Plenum of the Supreme Court of June 19, 2012, ruled that in this case the applicant could not be refused to consider the case on the grounds that he "did not go there" to send a complaint, it is impossible. The Court of Appeal should send a complaint to the first instance with a cover letter. It takes all the necessary actions. Including the restoration of the time limit for filing a complaint if there is a relevant application, if the deadline is missed.

What you need to know about the appeal

The appeal examines the case on those materials that were in the first instance. This means that it is impossible to declare new applications, and also to attract other witnesses. This is not the second attempt to which you can prepare more thoroughly.

The exception is new circumstances that could not be taken into account in the initial review. For example, confessions, the witness recalled new details on the case, a document appeared that could not be requested earlier, and so on.

Know, if the court of first instance does not attach any evidence to the case, even if, in the opinion of one of the parties, they are important, then they are not considered in the appeal either. However, you can apply for their involvement in the case, indicating at the same time how they will affect the outcome. For example, the district court rejected the application to request a copy of the order from the place of employment, which reflects new job descriptions.

The period for filing an appeal is one month from the date of the making of the motivated decision. It is necessary to remember this.

Deadline for filing a recovery for an absentee appeal

The absentee proceedings presuppose a special procedure for the consideration of the case. The decision is made only if both parties are absent. The law provides for the cancellation of such decision within seven days from the date of adoption. However, it happens that the defendant did not know anything about him. In this case, it is necessary to send an application for annulment of the absentee decision to the court that made the decision. However, if all the terms for the appeal have passed, then it will not be possible to restore the deadline for cancellation. And this does not mean that you can not file a petition for appeal. The restoration of the time for filing an appeal takes place according to the same rules and legal norms as on the filing of complaints on ordinary decisions. Therefore, unnecessary panic and feelings should not be.