How to make an objection to the appeal?

If one of the parties is not satisfied with the decision of the court of first instance, she has the right to file an appellate complaint. In turn, the defendant, in order to defend his rights, it is necessary to draw up and file an objection to the appeal. When drafting such a document, it is very wise to state your position, because the court decision will directly depend on this.

Common Points

Quite often judicial disputes do not end in the court of first instance. The loser, as a rule, remains dissatisfied with the court decision, since he considers it unreasonable and illegal. Then the only way out for him is to file an appeal. Under the law, such a complaint is filed through a court that originally ruled. This requirement was created in order to be able to form a case in court and send it to a higher authority together with a complaint.

The objection to the appeal is submitted directly to the court, which will consider the case. In addition, a response to it can be sent by mail, sent through the office of the court or filed already during the meeting.

How to make a complaint?

It should be noted that an objection is filed only in writing. In principle, there are no special requirements to this document. The main thing is that you clearly state your position, which would help you win the case. However, some requirements still have to adhere to. It will be necessary to file objections in such a quantity that all participants in the process can obtain copies of it.

To write an objection to the appeal, you can refer to the provisions of the Arbitration Procedure Code. This normative act introduces such a notion as a response, which is submitted for an appeal. In practice, with the help of its norms, objections to complaints are filed in other proceedings. Nevertheless, if it is a criminal, civil process, then there also has its own characteristics.

Objection to the appeal: sample

As already indicated, each case is individual. The withdrawal is made based on the type of production and the actual circumstances of the case. In this regard, you can make a general template, which is convenient to use when writing all kinds of objections to the appeal.

1. First, the name of the court to which your response to the complaint will be sent is indicated. The following are information about the applicant and other persons who will participate in the process (name, address, contact phone number).
2. The number of the case on which the complaint is filed is necessarily indicated.
3. Immediately in the body of the objection, arguments are described, on the basis of which the applicant's complaint can not be satisfied. First, you need to carefully read the original complaint, identify its strengths and weaknesses. We also need to find out what facts and evidence the applicant operates on. After that, you can state your reasons in the response, supporting them with evidence base (if any). In addition, all the documents that confirm your words need to be attached to the objection.
4. In this document also indicate whether you will be present at the hearing or ask to consider this case without you.
5. In the end, do not forget to sign your objection to the appeal. After this, it can be sent to court.

Features

If it is an arbitration process, the appeal must be sent to the opponent by registered mail with a notice. It is necessary to do this in advance, taking into account the time for delivery and for acquaintance with this document. The original receipt must also be attached to the recall.

Other requirements are set in the civil process, here the objection to the appeal is slightly different. The CCP RF established that a copy of the response should be submitted together with the original, and the court takes the direction of its copy to the interested party. If these requirements are not met, the objection will remain without any movement until the deficiencies are eliminated.

Why do I need a response to an appeal?

Very often the parties completely duplicate all the information they already indicated in the court of first instance in the objection to the appeal. Others think that there is absolutely no need to describe everything in the recall again. Unfortunately, these are typical misconceptions of inexperienced people in such cases.

The court will examine only the evidence that the parties will give it. It is important for the parties to concentrate the attention of the court on the facts that they consider to be most significant. When making a decision, the court often relies on the evidence of the participants in the process, which contain a complaint and an objection to the appeal. Often the text of these documents finds its partial reflection in the judicial act.

Therefore, one should not treat the appeals process lightly or ignore it. It is important for each item of the complaint to write a refutation, and also to indicate that you consider the decision of the court of first instance quite justified (indicate why), and the applicant's claims are groundless. In the response, you can repeat the data that you already indicated in the claim or revocation of the claim initially in the court of first instance. It is also desirable to refer to the rules of law and examples of judicial practice. Also consider the type of production: for example, the objection to the appeal of the arbitration proceedings will be different from civil, criminal, etc. Do not forget about all the existing deadlines!

Results

If during the drafting of a complaint you still had difficulties, it would not be out of place to apply to a lawyer. After all, if the case is very difficult, it will be difficult to understand without a qualified specialist. An experienced lawyer will help not only make an objection, endure all the terms, but also can represent your interests in the court of appeal.