Respectful reasons for restoring the missed deadline for appeal

What to do if you need to file a statement of claim, and all the procedural deadlines for it have already come out? Or another situation - the court ruled, and the citizen did not even suspect about the trial. The result is the blocking of bank cards, accounts, seizure of property, seizure of things, etc. Of course, the law provides for the extension of the right to file claims and complaints. But for this there must be valid reasons for the restoration of the missed deadline. We'll talk more about them in this article.

Respectful reasons for restoring the missed deadline (CCP RF): wrongful actions of the court

Judicial practice in our country shows that often the deadlines are skipped through the fault of the bodies administering justice. Of course, they can be understood and refer to excessive workload. But personally for a citizen, whose rights, in his opinion, are violated, this will be an insignificant factor. His own situation is important to him. The others do not interest him.

What are the most common violations committed by courts, interpreted as valid reasons for restoring the missed deadline? There are several of them:

• The court did not inform, according to law, about the time and place of consideration of the case. As a result, one of the parties could not attend the meeting.

It is noteworthy that in motivated decisions there is always a phrase, in the absence of the defendant, that he "was warned about the time and place of the court session properly". However, in reality this often does not happen.

• The court did not say that the case at hand was at his disposal. This reason is close to the first in meaning.
• The most common case is a copy of the court's decision made late. We will discuss this in more detail below.

Later, a copy of the court decision

Respectful reasons for restoring a missed time include the later making of a copy of the court decision. Recall that the definition of the court must be made immediately after the process. But, of course, without a motivated decision not to make a qualitative complaint.

Many professional lawyers on the forums say that it is not necessary to wait for a copy of the work. Like, you were present at the meeting. However, there are cases when a judge brings to the case some applications and evidence, and in a motivated decision this is not reflected.

Often courts go to the next "cunning". Knowing that to produce a copy of a motivated decision is given no more than five days, they inform the interested party that it is mailed. Prove or disprove it is difficult, since such letters are not electronically recorded.

What should I do if the trial court drags a copy of the motivated court decision?

From illegal actions (or rather, inaction) to violate the deadlines for the production of a motivated court decision, there are several ways to protect yourself:

1. Indicate in the claim or petition for the requirements not to send copies by mail. Then, in case of delay, you can file a private complaint with the panel of judges, attaching this statement as an argument. In this case, the standard phrase "the court made and sent everything on time, but it somewhere was lost in the mail", will not withstand any criticism.
2. Immediately after the trial, write an application for a copy. This should be done several days in a row within 5 days. Believe me, the employees of the device make the first copies for such citizens, as nobody wants any extra trouble and trials in our country.

However, the violation of the court is not the only problem. There are other valid reasons for restoring the missed deadline.

Serious illness

The disease is directly related to the personality of the participant in the process. In order for a court to grant an application for procedural actions, it is necessary to prove this fact. You can submit certificates from medical institutions, copies of the medical history, etc.

Helplessness

Deterioration of health, trauma, fractures are all, of course, valid reasons for restoring the missed deadline for appeal. However, there is such a thing as helplessness.

Under it can be understood:

• Mental or emotional instability, which prevented timely filing. Such cases often occur with the loss of relatives and friends, due to the detection of serious illness in humans, financial bankruptcy, etc. We advise in such cases to seek help from a psychiatrist for examination. He can issue an appropriate certificate in which he confirms this state. There is no need to be afraid, it does not mean that a person has become crazy, and he must be sent for treatment if he turned to a psychiatrist for help. Cases of a strong shock in such situations, on the contrary, are the norm for mentally healthy people.
• Being under hypnosis, in a trance.
• The use of narcotic drugs for the prescription of a doctor.

Family circumstances

Reasons related to family circumstances are also treated as valid reasons for restoring the missed period of treatment in court. These may include:

• Illness, death of loved ones.
• Living in another region when caring for relatives, moving with a minor child for his treatment.
• Care for the severely ill, etc.

Emergency Adventures and Conditions

Sometimes, natural elements interfere with litigation. For example, a hurricane blocked several settlements with snow, resulting in the inhabitants being captives of the elements. The circumstances that may be interpreted by the court as valid reasons for the restoration of the missed limitation period may include: floods, fires, earthquakes, as a result of which citizens could be evacuated to safe places, which did not allow the submission of a statement of claim or complaint in time.

Business trip or work in another region

A long business trip to another city may also lead to missed procedural deadlines. Unlike the rest (except for illness), this case is registered directly in the law (Article 112 of the Code of Civil Procedure of the Russian Federation), without a veiled formulation "other cases at the discretion of the court".

All valid reasons for restoring the missed deadline for filing an action are specified in art. 112 ГПК the Russian Federation, and business trip among them is registered accurately. Therefore, having evidence (copies of orders, route sheets , etc.) on hand, one can be calm in restoring terms.

Change of place of residence with a new registration, as well as relocation in connection with studies, work, etc., are also interpreted by the courts as a weighty reason for missing deadlines.

Illiteracy

Under illiteracy many of our citizens naively believe the lack of legal education, as well as ignorance of legal terms, norms, timing of calculation, etc. This is not so. Illiteracy is rather an inability to write, read, count, etc. People who do not understand (literally) written, fall into the category of "illiterate", from the legal point of view.

This is true for some indigenous peoples of the north, small nationalities, etc. Many of their representatives live for generations in their native places, do not know how to read ordinary newspapers, not to mention complex legal documents.

Respectful reasons for restoring a missed time for the organization

As they say, before the law all are equal, but some are more equal. This applies to legal entities. There are no good reasons for the restoration of the missed deadline for the organization. Firms must have a standing body, representatives, performing duties, etc. But one thing is big or medium-sized companies, the other is small individual entrepreneurs.

IP, despite the legal status, in fact it is the same citizen as an individual. He can get sick, get into an accident, go on a business trip, etc. However, unlike ordinary citizens, he can not restore the right to file a complaint or claim. Many, of course, consider such a rule unfair, but nothing can be done about it.

In fact, the main difference of PI from an individual in the status of work. One works for himself, the other for someone. The IP may not have employees, and its work sometimes proves to be more difficult and less paid than a similar one for citizens in large firms. In this regard, logic is incompatible with equating IP to large companies, from the point of view of procedural legislation for the restoration of the time for filing complaints.

Respectable reasons for missing for heirs

We list the main valid reasons for the restoration of the missed period of inheritance. There are two aspects here: whether the future heir knew during the prescribed six months about the inheritance or not.

In the event that the future "lucky beggar" knew about his new condition, one of the reasons listed in the article will be a valid reason for restoration. However, judiciary practice shows that courts rarely meet these requests. They refer to the fact that in six months it was possible to find time for the corresponding procedure, unless, of course, the future heir was not in a coma all this time.

Another nature of the recovery cases - the heir did not know about the new status for six months. For example, the fact of the death of a relative was hidden from him, he was not dedicated, and he could not find out on his own. For example, he lives in another region, country, etc.

In this case, courts are more willing to restore the terms of inheritance, as it is objectively clear that the rights of such citizens will be violated, in case of refusal.