Many citizens are interested in how an appeal is filed against a district court decision. In fact, if you know the basic principles of action, there will be no problems with the implementation of this task. Indeed, in reality, complaints about court decisions are not so rare. In particular, if citizens do not agree with this or that decision. But what rules and features should every citizen know? What to look for first? Is it really possible to file an appeal with a court without problems? Everything is not so difficult as it seems. Especially if you prepare in advance for the implementation of your plan.
Definition
To begin with, it is worth figuring out what kind of document is in question. What is an appeal against a district court decision? After all, before submitting it, you need to be fully aware of which document you have to deal with.
An appeal is a complaint that has been filed against a court decision that has not yet entered into legal force. Accordingly, after the execution of the decision, it is impossible to apply to these or those bodies in the established procedure for appealing the decision. There is nothing difficult to understand in the wording of the definition of a document.
Who has the right
Appeal against the decision of the district court by whom can be filed? In this sense, there are no restrictions. More precisely, they are common for filing a statement of claim in principle. What does it mean?
A citizen who has reached the age of majority, and is also competent, has the full right to translate ideas into reality. If the decision of the district court did not suit him, you can appeal. And then it will be revised in the manner prescribed by law.
Juveniles and minors cannot appeal to the court with appeals, as well as with statements of claim. There are no further restrictions as to who may be the applicant. Usually, either the plaintiff or the defendant deals with appeals, that is, the party that is not satisfied with the court decision.
Where to go
Where to appeal the decision of the district court? Also an important question. Unlike the previous one, understanding it is harder than it seems. Why?
In Russia, several types of ships are provided. Moreover, different authorities. If it is an appeal, you will have to file it with the court that issued the decision.
In other words, the district judicial authority will consider not only the main claim, but also complaints about the decision. You can also apply to the Supreme Court or to the judicial authorities of the federal level of the autonomous regions. There is nothing difficult about this. But if after that the person will try to defend his opinion, you will have to file a cassation appeal. She served in the Presidium of the court. All of this is simply necessary to remember before appealing a particular court decision.
The timing
And what else is worth paying attention to? An important point is the period in which you can implement the idea into reality. Time constraints in Russia play an important role.
When and how to appeal a district court decision? Dates are strictly prescribed at the legislative level. The thing is that citizens cannot appeal after 1 month has passed since the final decision of the district court.
That is, the citizen will have only 30 days after the completion of the judicial debate to appeal. Everyone should remember this. After the expiration of this period, it will not work to realize the idea. Therefore, you have to hurry. But these are not all the restrictions that a citizen should remember.
For the world court
For example, the time limits vary somewhat when it comes to filing a complaint against a judge of the peace. The thing is that such a practice is not so rare in Russia. Appealing to a district court a decision of the world is a completely legal action.
But it will only be necessary to draw up an application of the established form as soon as possible and apply to the judicial authority with a certain package of documents. Why? All due to the fact that from the date of the final decision should not pass 10 days. Otherwise, the citizen’s right to appeal is lost.
Otherwise, the process for applying for an appeal against a decision will be exactly the same as in the case of the district court. But how to file a standard application? What should a dissenting person know? Violation of established standards will lead to rejection of the complaint. And this can lead to the impossibility of upholding his decision in the face of the court.
Content
Special attention should be paid to the statement. According to established standards, specific information should be reflected in it. Otherwise, the complaint will simply be rejected. How to appeal a district court decision?
The Civil Code of the Russian Federation indicates that the following information should be contained in the text of a standard form statement:
- name of the higher court to which the complaint is addressed;
- information about who the document is submitted to;
- a reference to a court decision subject to appeal;
- substantiation of their position;
- plaintiff's request;
- list of papers attached to the application.
Basically, these are all standard requirements. If a citizen has already encountered filing a lawsuit, writing a complaint will not bring any significant problems. And what is the order of its submission?
Appeal Procedure
Appealing a decision of a district court is a common practice. But how can you briefly describe the whole process? What should I look for? How is the step-by-step process for appealing a decision made earlier described?
Many are interested in all of this. After all, then it will be possible to understand what to prepare for. The appeal procedure, as a rule, is as follows:
- The court is considering a particular claim. Based on the submitted documents, a decision is made regarding the question posed.
- Disagreeing party (defendant, plaintiff or prosecutor) receives a copy of the judgment. From the moment of its adoption, the countdown of the time allotted for appeal begins.
- A person who does not agree with the decision collects a certain list of documents. It will vary depending on the case at hand. A detailed generally accepted list is provided below.
- A complaint is drawn up in accordance with the established rules. Within a 30-day period, a citizen applies to the district court with documents and paper drawn up.
- The judge checks the correct filing of papers. If everything is correct, the complaint is redirected to a higher court.
- The date of consideration of the complaint is assigned. Both the court and the persons whose interests are affected are involved in the process.
- Based on the submitted documents, the correctness of the earlier decision will be checked. It may be canceled, confirmed or amended.
That's all. A court of second instance cannot be contacted before a month has passed since the initial decision was made. There is nothing difficult or special in the process. It is important to understand that an appeal against a district court decision is a legal right of every citizen. And if you do not go into the details of the judge, the process is not much different from the usual counterclaim.
Duty payment
It is necessary to pay attention to the fact that the studied process is not free. A person who is considering filing an appeal against a district court decision will have to pay a state fee. This is done before submitting the application of the established form. Without a receipt, the complaint will not be accepted by the judge.
How much do you have to pay? In Russia, fees for certain operations are constantly changing. But today you will have to pay 50% of the amount of the fee for a previously filed lawsuit. In other words, you can focus on the following amounts:
- 150 rubles - for individuals;
- 3,000 rubles - for legal entities and organizations.
It is recommended to take the details for payment of the fee in a particular court in advance. Only if you have a check with payment can you think about filing an appeal. State duties are returned to the payer if he decided to refuse his complaint. In practice, such a process is very rare.
Arbitrage practice
Now it’s clear where to appeal the decision of the district court. In addition, the procedure for applying to a particular authority is also no longer a mystery. Pay attention to judicial practice. Is it worth it to do the task? Or does a citizen who does not agree with the decision of the civil court have no chance of winning?
As practice shows, appeals are very common. Only here, their satisfaction in favor of the applicant is a rarity. Why? All because the court, in principle, thoroughly examines all the materials of the case. And he is trying to make a decision that is most consistent with the established legislation. In fact, an appeal against a decision of a district court is an additional check of the lawfulness of satisfaction or rejection of a particular claim.
There is a probability of victory, but only if there is sufficient evidence of a miscarriage of justice. Often appeals do not produce any significant results. But trying to defend your rights is still necessary.
Documentation
Now a little about what papers can come in handy for translating ideas into reality. What kind of documents are attached to the appeal? The list, as already mentioned, may vary.
The most common securities that are present, regardless of the nature of the case, include:
- applicant's identity card;
- standard complaint;
- copy of the judgment, which is subject to review;
- evidence of their position;
- receipt of payment of state duty in established amounts;
- a copy of the lawsuit that was filed earlier (preferably).
Otherwise, everything is individual. In some cases, ownership certificates, service contracts, or any other documents may be required. Everything that can affect the course of business. A sample appeal against the decision of the district court is presented. Drafting a document is not difficult.