Example of appellate complaints. State duty for appeal

There is an opinion that civil legal proceedings are an indicator of society's maturity. It shows that people prefer to settle disputes by legal methods. Appeal is the most important component of this phenomenon, and it has a number of peculiarities, from the drawing up of documents to the selection of a lawyer capable of representing his client's interests qualitatively.

Briefly about the appeal process

According to the laws of Russia, any court decisions can be appealed. There are two types of implementation of this action. First, it is a cassation. Secondly, this is an appeal to the higher court, where the case is reviewed again. Disagreement with the judge may express the parties to the dispute (plaintiff, defendant or their representatives) or statutory third parties.

A document with all the severity of the law

Strict forms regulating how an appellate complaint should be submitted is not provided for by any of the existing laws of Russia. However, in forensic practice there are certain guidelines that allow you to draw up such documents correctly. Let's consider a very simple example. Appeal complaints on it, of course, should not be, but he will make it clear what the main points of appeal to the court should be. So, here's an example sample:

• First of all, we indicate the addressee of the document (to the magistrate with the number of the plot).

• Then, we identify ourselves (from whom: full name of plaintiff or defendant).
• Next, we fix the type of the submitted document (appeal).
• The next item is an explanation of the reason, that is why the paper is fed. For example: "The judge of the plot (number) made a decision on this date in favor of the defendant (plaintiff)." I do not agree with the decision ".
• Next, we explain what the grounds for this are.
• Finally, the appeal directly to the judge: "I ask the decision of the judge of the first instance (magistrate) to cancel".

Specificity of civil cases

The appellate complaint in a civil case is different from similar procedures in criminal trials. The most important component of the plaintiff's work (or his lawyer) is the fulfillment of the requirements of the law in accordance with procedural norms.

If this does not happen, the court will very likely return an appeal to the applicant. As a result, a civilian who has submitted a document that does not comply with the law may even lose the right to have the case examined in a court of second instance. Civil proceedings differ in that in many cases it is simply impossible to foresee a judicial decision (unlike, say, criminal trials, when evidence is usually collected by the time of trial).

Role of the judge

The representatives of justice require a very deep assessment of the facts submitted by the parties to the hearing, the consideration of the opinion and arguments of the lawyer. Many lawyers believe that the appeal in civil cases is very promising for the losing side, precisely because of the initial unpredictability of the court decision.

If in the first instance the judge decided so, it is entirely possible that his colleague, during the appeal, would like to express a different opinion. An appellate complaint in a civil case may unfold the process of judicial settlement of a dispute in a completely diametrical manner.

Role of lawyer

During the consideration of cases in civil proceedings, it is very likely that the judge will issue a decision that none of the parties to the dispute accepts, but in many cases this is not without the influence of the lawyer. The role of the lawyer is very great at each stage of the hearing: a trial court hearing, filing an appeal, collecting materials on the case. Some lawyers believe that the percentage of lost legal disputes due to an unqualified lawyer is quite large.

It is very important, experts believe, to have a person capable of correctly correlating actual circumstances with actual jurisprudence. It is also very important for a lawyer to draw up documents correctly. One can cite an example: appellate complaints drawn up with elementary errors in the text, judicial practice knows a lot. It is not uncommon for a judge to make a decision in favor of the party that managed to reconcile the evidence on paper to the letter, while opponents (or, more accurately, their lawyers) treated the documents with disdain.

Grounds for appeal

According to the law, an appeal against a court decision may be filed if there are substantial grounds for this, of course, in the opinion of the plaintiff or defendant. We list the main ones. This may be an incorrect, incorrect definition of the circumstances relevant to the case. Also, the court of first instance may use unproven facts that may affect the decision made by it. Another reason is that the judge was not able to ensure that his conclusions corresponded to the actual circumstances of the case in question.

Another reason why an appeal against a court decision is possible is that the first instance failed to correctly apply the rules of procedural and substantive law, which led to the adoption of an unfair decision. The listed grounds for appeal, although there are a few, can be very capacious in content. There are, by the way, legal norms, according to which the decision of the first court is abolished unconditionally. This is, firstly, the consideration of the case in the illegal acquisition of the composition of the court (including the situation when someone from relevant persons is absent). Secondly, the court decision is annulled if the interests of persons who were not brought to trial have been affected. Thirdly, if the documents were signed by a representative of justice incorrectly, the result of the meeting is also annulled. Fourthly, if the judge has avoided the obligation to make a decision in the deliberative room, then this is also the basis for unconditional recognition of his actions as illegal.

In which court to apply?

The Code of Civil Procedure of the Russian Federation states that appeals for decisions of magistrates should be considered by district courts (in some regions - by city). In turn, if at this level the plaintiffs or defendants were not satisfied with the results of the hearings, the case can be transferred to the courts of the subjects of the federation (for example, regional).

If, however, the decision of the judge of this instance again does not suit one of the parties to the dispute, the case is referred to the Supreme Court. The appeal itself is submitted to a higher court through the structures of the first instance, which, according to the law, itself handles the case along with all the attached materials.

The correctness of the dates is important

Any lawyer knows that the first step to success in litigation is timing. Appeal complaint must be submitted on time. According to the Civil Procedure Code of the Russian Federation, the plaintiff or defendant who does not agree with the decision of the first instance court has a month to draw up a document expressing a position different from the judge's opinion. An important nuance - by the time of filing, you need to have a receipt stating that the state duty for the appeal was already paid. Speaking about the timeframe for which the plaintiff should pay attention, time intervals should also be designated, which are reserved for the court. The CCP RF determines that the district courts (as well as institutions in the entities) should consider appeals within two months (from the moment of adoption of the documents). The Supreme Court has 30 days more time.

What to expect from an appeal?

After the hearings in the second instance court, the plaintiff has the right to expect one of the following scenarios. First, the decision of the previous judge can be left unchanged, accordingly, the complaint will remain unsatisfied. Secondly, the court of second instance can cancel or change the expression of the vision of the situation of their colleagues in the first. Thirdly, the judge, considering the appeal, has the right to refuse to consider the application (in whole or in part). The court of second instance after the hearings passes a definition that enters into force on the same day.

Further, depending on how much the judge's decision will satisfy the plaintiff or the defendant, an appeal may be made to the court level higher. How can a plaintiff increase the likelihood of a positive hearing result? Many lawyers believe that correctness is the basis of success. There is not one example of appeal appeals, when the invoice of the statement of arguments by the party that expressed disagreement with the decision of the court of first instance could not withstand any criticism.

Objections - accepted

There is such a thing as a response to the appeal. Another language is the objection that one side of the other sets out. The losing party often disagrees with the decision made by the court (which, in fact, is the reason for the appeal), up to the point that it considers it not in accordance with the law. The winning party, in turn, can formulate strong, in its opinion, objections to the complaint filed by the opponents in the court of higher instance. It is possible that the arguments presented by the losing party are seen by their counterparts as completely invented. This, however, is a very revealing example: Appeal complaints based on the false conviction of the parties in the presence of any facts, of course, the legal practice knows a lot. Actual circumstances, however, sometimes open only during hearings. The response to the appeal can be sent by mail, passed through the documents of the court, and also, which is also practiced, to submit directly to the meeting. However, this mechanism is fair in relation to civil cases. If it is an arbitration process, the response must be sent by registered mail with notification.