If any of the parties is not satisfied with the decision of the court of first instance, it has the right to file an appeal. In turn, the defendant, in order to assert their rights, it is necessary to draw up and file an objection to the appeal. When compiling such a document, one should very competently state one’s position, because the court’s decision will directly depend on this.
General points
Quite often, litigation does not end in the trial court. The loser, as a rule, remains dissatisfied with the court decision, since it 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 the court, which initially issued the decision. This requirement was created so that the court could form a case and send it to a higher authority along with a complaint.
The objection to the appeal is submitted directly to the court, which will consider the case. In addition, feedback on it can be sent by mail, transmitted through the registry of the court, or submitted already during the meeting.
How to make a complaint?
Please note that the objection is only in writing. In principle, there are no special requirements for 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 receive copies of it.
To write an objection to the appeal, you can refer to the provisions of the Code of Arbitration. In this normative act, such a concept as a recall is introduced, which is filed for an appeal. In practice, using his norms, objections to complaints in other proceedings are drawn up. Nevertheless, if it is a criminal, civil process, then it also has its own characteristics.
Objection to the appeal: sample
As already indicated, each case is individual. The recall is drawn up based on the type of production and the actual circumstances of the case. In this regard, it is possible to draw up a general template, which is convenient to apply when writing all types of objections to an appeal.
- First, the name of the court to which your response to the complaint will be sent is indicated. The following is information about the applicant and other persons who will be involved in the process (name, address, contact numbers).
- The case number on which the complaint is filed must be indicated.
- The arguments are directly described in the body of the objection, on the basis of which the applicant's complaint cannot be satisfied. First you need to carefully re-read the initial complaint, identify its strengths and weaknesses. It is also necessary to find out what facts and evidence the applicant operates with. After that, you can state your arguments in the recall, supporting them with evidence (if any). In addition, all documents that confirm your words must be attached to the objection.
- In this document also indicate whether you will be present at the hearing or ask to consider this case without you.
- In the end, be sure to sign your objection to the appeal. After that, he can be sent to court.
Features
If it is an arbitration process, then a review of the appeal must be sent to the opponent by registered mail with a notification. This must be done in advance, taking into account the time for delivery and familiarization with this document. The original receipt must also be attached to the recall.
Other requirements are established in the civil process, an objection to the appeal is filed here in a slightly different way. Code of Civil Procedure of the Russian Federation established that a copy of the recall should be submitted along with the original, and the court assumes the direction of its copy to the interested party. If these requirements are not met, then the objection will remain without any movement until the deficiencies are eliminated.
Why do I need a review of the appeal?
Very often, the parties completely duplicate in the objection to the appeal all the information that they have already indicated in the court of first instance. Others believe that there is absolutely no need to re-describe everything in a recall. Unfortunately, these are typical misconceptions of inexperienced people in such matters.
The court will solely examine the evidence that the parties will submit to it. It is important for the parties to focus the court on those facts that they consider to be the most significant. In making the decision, the court often relies on the evidence of the participants in the proceedings, which contain a complaint and an objection to the appeal. Often the text of these documents is partially reflected in the judicial act.
Therefore, do not take the appeal process lightly or ignore it. It is important for each point of the complaint to write a refutation, and also indicate that you consider the decision of the court of first instance to be completely justified (indicate why), and the applicant's claims are unfounded. In the recall, you can repeat the data that you have already indicated in the lawsuit or recall of the lawsuit initially in the court of first instance. It is also advisable to refer to legal norms and examples of judicial practice. Also take into account the type of proceedings: for example, an objection to the appeal of the arbitration proceedings will differ from civil, criminal, etc. Do not forget about all the existing periods!
Summary
If during the preparation of the complaint you nevertheless have any difficulties, then it is worthwhile to turn to a lawyer. After all, if the case is particularly difficult, it will be difficult to understand without a qualified specialist. An experienced lawyer will not only help to raise an objection, meet all deadlines, but can also represent your interests in the court of appeal.