The petition for the restoration of the missed deadline is the last "saving straw" of citizens whose rights, in their opinion, have been violated. Unfortunately, modern realities are such that we only learn about various court decisions when our accounts are already seized, bank cards are blocked, etc.
Bailiffs do not like to joke. All arguments about injustice are not interesting to them. That
such a petition for the restoration of a missed deadline, how and where to file it correctly, as well as what are the chances of its satisfaction, is further in the article.
“They tried me without me,” or procedural rules for making decisions
Often from our citizens, who for the first time acted as a defendant in a lawsuit, one can hear the standard phrase: “I did not know about the court, they did not have the right to do this” (arrest, block, describe, etc.). Let's try to understand not only legally, but also logically.
Courts, as a rule, are necessary to defend the interests of the plaintiffs: to repay the debt, pay child support, recover at work, award damages, etc. Logically, it is not advisable for the respondent to consider the case at all. The employer fired the employee illegally - and okay. The main thing for him is that then no one will recover back. Otherwise, you will have to endure the employee again at work, think about how to fire him again, pay him compensation for the time of forced absence, etc. If we introduce a norm under which it is impossible to conduct processes, for example, “in case of loss” of the defendant, then society will face constant delays in court decisions. It will be beneficial for many to “not see” the subpoenas, not to personally come to court for them, etc.
The court sends formal subpoenas to the registration address, and this automatically means that the meeting will take place, unless, of course, one of the parties asks you to postpone it in advance for a valid reason.
What to do if the defendant found out about the accepted verdicts after a lot of time. It is no longer possible to file a complaint against decisions of the first instance according to procedural rules. The way out is to draw up a motion to restore the missed deadline. How to do it right, we will tell further.
So, what is the application for the restoration of a missed deadline? You can extend the time for appeal through the authority that made the initial decision. For example, if the verdict was accepted by the Kalininsky district court of the Republic of Khakassia, then it is to him that you need to send a petition for the restoration of the missed period together with the appeal itself .
Good reasons
According to procedural law, the following reasons are valid for extending the right of appeal:
- illness, disability;
- illiteracy;
- business trip, shift;
- other reason recognized by the court as valid.
The norms do not contain a closed list (Article 112 of the Code of Civil Procedure of the Russian Federation), therefore everything is at the discretion of the court. As a rule, if a citizen was not aware of the decision made, and the court does not have a mark on his personal signature, then such a case is recognized as valid.
What is illiteracy
Explain the concept of illiteracy in the rules of procedure. Under it, our citizens more often understand legal ignorance: lack of understanding of terms, inability to calculate deadlines, draw up claims, etc. However, under illiteracy, the courts interpret the inability to write, read, count, etc.
For example, often the indigenous peoples of the north who have lived their whole lives away from civilization often have difficulties. Many of them cannot read and write. It is for such cases that this paragraph is provided.
What to specify
The petition to the court for the restoration of the missed period must contain the following points:
- The name of the court.
- The procedural status of the applicant (defendant, plaintiff, prosecutor, etc.).
- Applicant Registration Address.
- Information about the defendant.
- Information on the number of the case, the date of the decision, the main provisions, the decisions taken.
- The good reason why the request to restore the missed deadline for filing a complaint will be granted. If the defendant knew about the court, but he was on a business trip, his health was in danger, etc., then it would not be necessary to refer to the confirmation of the requirements.
- Request. What goals does the applicant set by filing an application? As a rule, the following is written: “Based on the foregoing, I ask: to petition the court to restore the missed deadline to satisfy, to accept, together with it, the appeal against the decision of the court of first instance, to examine it on the merits.
- Application. It should list copies of documents, certificates confirming the validity of the reason.
- Signature, date.
Terms of consideration
The application is considered simultaneously with the main complaint. If the court does not satisfy him, then the degree of misconduct will not affect the further consideration of the case. The decision of the first instance will remain unchanged.
The court must familiarize itself with the application within 10 days after its submission. However, there is no time frame for a decision. They depend on rationality. Unfortunately, each person interprets this in his own discretion, which leads to various protracted processes.