In procedural practice, there are often cases when the losing party is dissatisfied with the verdict. The justice system is not perfect: the same law can be interpreted differently in several instances at the same time. There are other nuances that prompt any participant in the case to protest. Therefore, if you are ready to prove the illegality and inconsistency of the court decision made in your case, appeal it. Let's take a closer look at how to do this.
Methods of appeal
Challenging algorithm
Using the example of a civil case, we will consider the procedure for appealing a decision made by the court of 1st instance:
- Get your hands on a written court decision and read it carefully.
- Please note the date of its issuance to take into account the deadline for appeal (month).
- Make a complaint based on legislative acts and formal requirements:
- fill out the “header” (name of the judicial authority, personal data of the appellant);
- in the body of the document, indicate the court decision being appealed, the requirements and grounds for reviewing the case;
- make a list of attached documents.
- Find out the details and pay the state fee. Attach the receipt to the submitted documentation.
- Submit the completed claim through the court of first instance in person by coming to the office, or send it by registered mail with acknowledgment of receipt.
- Wait for notification of the location of the hearing on your objection.
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Cassation
In this case, the case is not considered on its merits, but the correct application of the legislation by the courts of second instance is checked. In the third instance, decisions that have already entered into legal force are appealed (