An application for the restoration of a missed procedural term (we will give a sample in our article) is necessary to implement the principle of accessibility of justice. According to the Convention on Human Rights, everyone’s right to judicial protection refers to natural rights, along with the right to life, work, and religious beliefs.
However, it often happens that citizens learn about the decisions handed down by the bailiffs who are taking enforcement proceedings. And when applying to the court, it turns out that the prescribed procedural time limits for appealing decisions have already expired. What to do in this situation? Write a statement on the restoration of the missed procedural term (the sample in the article will help in this).
"I did not know anything, it is illegal!"
Often people who are first defendants in various cases say the standard phrase: “I knew nothing.” This is the only argument, in their opinion, that should cancel the legal force of judicial decisions. This is not true.
The court is designed to protect the interests of citizens. And, as a rule, those who have already violated the right to file claims. Illegal dismissal, violation of civil property contracts, non-payment of alimony by the ex-spouse - this is an incomplete list of violations of rights and obligations.
No one is obliged to hire private detectives, file the defendant with the police, etc. It is enough to send an official court summons at the place of registration, and this will automatically mean that the process will take place. Of course, there are cases when you can postpone it, but this is a completely different story.
How, then, to defend the defendant if he really knew nothing about the court? The way out is to write a statement on the restoration of the missed procedural term. A sample can be found in any courthouse. However, the defendant must have a real reason for such a procedural action. We’ll talk about this in more detail.
Good reasons
So, what reason can there be for restoring the deadlines for filing claims, complaints, etc. According to the Law (Article 112 of the Code of Civil Procedure of the Russian Federation) there are several of them:
- Disease, deterioration of physical and mental state.
- Business trips, work in another region.
- Illiteracy. By it is understood the inability to write, read, count, etc.
- Another reason that the court considers valid.
As we see, there is no closed list. What reason can be hidden in the last paragraph? The defendant’s ignorance of the lawsuit, the change of residence, natural disasters that prevented the timely filing of a complaint (landslides, snowdrifts, floods, etc.).
Application for the restoration of a missed procedural term (sample)
A heading for a restoration application is issued as standard. The name of the court where the document is submitted, the procedural status of the applicant (defendant, plaintiff), place of registration is written in the upper right corner.
After that we start writing the main text. The title of the document should be associated with the procedural action. We write: “An application for the restoration of a missed procedural period for filing an appeal ”. Also, the document can be called a petition. There is no difference in this.
Next, we indicate the circumstances of previous verdicts. For instance:
“The Voronezh city court issued a decision in the case No. 247/16 (all data are conditional, coincidences are random) dated 06/15/2016. On it with me, A. Ivanov 06/09/1988 year of birth, living at: Voronezh, Pervomaisky district, per. Diagonal 1, recovered a sum of money in the region of 1000 rubles in favor of LLC “Zaimi ”.
Next step: indicate the reason for recovery
Further, it is necessary to indicate what reasons served as the basis for missing the deadlines for filing a complaint. So, you write, for example, like this: “since June 10, 2016, I have been on a long business trip, which is confirmed by copies of orders from work, a schedule, and a work time journal. He returned home only on 08/19/2016, after which he found out about the court decision . ”
Final Stage: Request and Application
Next is the request itself, for which the document is compiled:
" Based on the foregoing, I ask:
- Reinstate the missed deadline for appeal.
- Accept the complaint and consider it on the merits . "
The application must indicate documents that confirm a valid reason, as well as copies of applications and petitions by the number of persons in the case.
What you need to know when writing a deadline application
Before you write a request for restoration of deadlines, you need to know the following points:
- How is the calculation of procedural terms. Perhaps no statement would be required.
- What reasons the court considers valid (this was discussed in the article).
- Such applications are submitted along with the basic requirements (claims, complaints, etc.)
- The number of copies should be according to the number of persons in the case.
- The application is submitted in the name of the court where the initial decision was made.
Know: if the court does not restore the time, then the case will not be considered, despite the absence of the misconduct of the applicant.