If you unwittingly become a participant in the lawsuit and are among the losers, you can form an appeal and file it with higher authorities. However, what if she is lost? In this case, you can file a cassation appeal of the appeal ruling, a sample of which can be found in any court. This must be done for a maximum of one month from the date the decision comes into force.
To file a cassation, special attention must be paid to the content of the sentence received after the first contestation. According to Article 329 of the Code of Civil Procedure of the Russian Federation, in addition to the date and place of issuance, it should contain the most detailed information about the case, the decision adopted by the court of first instance, as well as information about the appeal. Pay particular attention to the motives according to which the court rendered the decision, as well as to the legislative base that became the basis for this. Existing regulations are subject to change, so they should be subject to detailed review.
Appeal and cassation
Before you write a cassation appeal of the appeal ruling, samples of which can be found directly in the courthouse, you need to understand the terms. The appeal ruling is issued only after the sentence, which was issued by the judicial organization of the first instance, but has not yet entered into force. In this case, the case may be reviewed in full if it is a question of an appropriate appeal, as well as incomplete if the process is initiated for review only on the basis of the arguments specified in the appeal.
Such a complaint is the same appeal, but only at a higher level, it is already considered by higher courts. It should be filed within 30 days from the moment the court made the final decision, otherwise it will be much more difficult to challenge it. You can challenge the appeal on your own, or with the help of lawyers.
What should such a complaint contain?
When filing a cassation appeal on an appellate ruling, a sample of it should be studied very carefully, since your future may depend on the correctness of filling out the document. It should include the data of the court where the petition is submitted, the name of all participants in the process, as well as indicate those primary instances that previously dealt with the case and made decisions on it.
You also need to attach instructions to all court orders that you want to appeal with the help of higher courts. Provide a clear reasoning that the current legislation has been violated and that affected the results of the review of the process, also be sure to attach a written statement requesting a review.
Civil Affairs
A cassation appeal in a civil case, the sample of which is not much different from the others, must be written as soon as the decision on it was made by the judge. The process of working with this complaint is stipulated in chapter 41 of the Civil Procedure Code of the Russian Federation. You should be aware that those who are parties to the lawsuit, as well as those whose rights and interests were violated by the outcome of the proceedings, can file it. We are even talking about those who were not involved in the case when it was examined in the first instance and during the appeal, they can file a cassation if the earlier decision touched them negatively.
A cassation appeal in a civil case, the samples of which are periodically changed, should be submitted to the appropriate authority. There are cassation courts in every city; they specialize in a detailed analysis of past hearings in various cases. When contacting one of them, be sure to check whether they are engaged in the consideration of civil claims or not.
Criminal proceedings
Samples of appeals in a criminal case will differ from those used for civilians. The main difference is that only the person whose interests were affected by the decision taken in the case (convicted, injured) can file a cassation, the prosecutor also has the right to do so. If the decision affects the interests of persons who did not participate in the consideration of the process, the respondent or the civil plaintiff can initiate a complaint .
Another feature is that this document can only be compiled if, when the decision was made, the previous courts made violations of the law. A sample cassation appeal in a criminal case can help you write the paper, but just be aware that no one will review the case for the third time. The task of the court in this case will be to analyze the materials of the case and check whether the decision was made correctly by previous courts.
The document will need to indicate which primary court made the decision, the case number, as well as the sentence and punishment. Further, it should be indicated in which secondary instance the appeal was carried out, on the basis of what arguments it was denied. The next step is a description of the facts on the basis of which the decision was made, as well as a detailed argumentation of why the creator of the appeal does not agree with her. Do not forget to attach to the complaint a copy of the verdict received in the primary court and the court of appeal.
Deadlines for submission and review
If you file a cassation appeal against the appellate ruling, in theory this should be done within a month from the moment the court made the final decision. In practice, this is done much faster - in 5-10 days. Consideration of the document can take from one month to five, it all depends on which court institution it was filed. If we are talking about a regular court of cassation, the complaint is considered within 30 days, provided that we are not talking about the claimed case. If the situation is the opposite, the consideration period is increased to 60 days, while the time from the moment of the demand for the materials to their receipt by the cassation court is not taken into account.
In the supreme court, a complaint on an unclaimed case is considered no more than 90 days. If the case is claimed, the period of consideration is extended, but no one can provide accurate data about it. It is only known that in this case the term cannot be extended by more than 60 days.
How to make a document?
For compilation it is best to use samples of cassation appeals against decisions of appeals, they are quite simple and understandable. It is best to use those that are directly in the courts, they must comply with existing legislation. You can find them using search engines on the Internet, but no one can guarantee you their relevance, as legislative acts are constantly changing.
If you are not sure that you can independently make a cassation, you can turn to practicing lawyers for help. They provide this service for a fee, the exact amount can be clarified by contacting them. You can also use the services of free legal advisers who provide assistance to the population in social employment centers, but it is usually difficult to get to them.
What is worth mentioning?
When compiling a cassation appeal in a civil case, application samples should be used only as a form. The content of this document is usually different from the component of the appeal and the statement of claim itself. It is not recommended to state the circumstances of the appeal in cassation and bring new evidence in the case, the decision of which you want to challenge. Experienced lawyers advise using the complaint as a request that a new decision be made in the case or that it be referred for retrial.
In their opinion, it is best to ask the cassation court to return the case for retrial, especially if new facts appear in it. In the overwhelming majority of cases, it repeatedly goes to the court of appeal, which in this case is more loyal to the applicant and attaches the newly discovered evidence with greater willingness. The cassation court can make a new decision in the case only when it has all the necessary information for it and it is not required to re-evaluate it. Otherwise, the court has the right to refuse cassation.
Where to file a complaint?
In the event of problems, no one knows where and to whom the cassation appeal is filed against the appeal ruling in the case. It all depends on where it was previously considered. For example, if this happened in an arbitration court, the cassation will need to be submitted either to the district arbitration court, or to use the services of a board that deals with economic disputes and reports to the Supreme Court of the Russian Federation.
If we are talking about civil cases within the general jurisdiction, here it is also necessary to build on the primary court. When a decision is made by a magistrate court, the cassation appeal must be sent to the board or the Presidium of the regional court. If the case was examined by the district court, then you will first have to get an appeal ruling.
Feedback
If suddenly you find yourself on the other side of the barricade and do not agree with the cassation filed, you have every right to appeal against it. A sample cassation appeal review can help you. In this document, you need to state all the factors on the basis of which previous courts decided on the case. The review can include a number of additional information that was not mentioned in the decision, but emphasize the unreasonableness of creating a cassation.
Do you want to influence the courts? Then make an effort and indicate in your review only those arguments that the appeal author wants to appeal. Please note that there is no state fee for submitting a recall, however, to be successful in this matter, you need to know everything about a previously submitted cassation appeal.
What if the appeal is not satisfied?
If your cassation appeal has not been taken into account by the court, you have the right to draw up a supervisory appeal for subsequent submission to the Supreme Court of the Russian Federation. This must be done no later than 90 days after the decision of the cassation court. It does not require special processing, it is necessary to add a decision of the last instance involved in the consideration of the case.
Experienced lawyers believe that if it comes to the supervisory authority, then with a probability of 70% they will be able to reconsider in favor of the author. The Supreme Court is responsible for conducting an audit of all decisions that have been taken by lower instances, and in its interests, that the case be examined in a quality manner and a correct decision is made on it.
Finally
If you decide to file a cassation appeal of the appeal ruling, samples of all forms are publicly available to all comers. Please note that when filing a cassation, a state fee is charged, which can be up to three thousand rubles. If you file a complaint through a notary public, be prepared to pay all the necessary costs, on average, this service costs about two thousand rubles.
Do not despair and think that if the decision on your case is made unfairly, then nothing can be fixed. If you are absolutely sure that you did the right thing, but the court decided differently, do not be afraid to go further. More than 70% of appeals and cassations end with a positive decision for the applicant, since at this stage various violations committed during the trial are revealed.