Appeal. Deadline for filing a cassation appeal
A cassation complaint is a written request tocourt, which may concern the modification or cancellation of the judgment. This document is based on civil cases. If one of the parties that participated in the proceedings in the case remains dissatisfied with the decision of the judicial authority, a cassation complaint is filed. It can be submitted for decisions taken by all courts, except for the world.
Cassation complaint can be submitted for decisionscourts of the republic, district, region, city, province, autonomous region and autonomous region. In addition, the complaint is subject to decisions of the Judicial Board concerning civil cases and the Military Collegium of the Supreme Court of the Russian Federation. As a rule, such a complaint is submitted to the cassation board.
The content of the cassation complaint should be as follows:
The first thing you need to specify in the document isThe name of the court, which did not suit one of the parties by its decision. The second is the data on the person who filed the complaint. In this case, you need to specify the place of residence and the real location. Next, you must specify the decision that was taken by the court. Also it is necessary to formalize the arguments of the person who filed the cassation complaint. In addition to all this, it is necessary to bring new evidence relevant to the case. In the end it is necessary to put a signature.
Undoubtedly, the person must sign the document,which, in fact, lodges a complaint. Also, his representative can put his signature. If the person is not subscribed, then a document is attached to the complaint, which could verify all the powers of the representative. In this situation, such a document is a power of attorney.
To the cassation appeal on civil casea receipt containing information on payment of the state fee, which is 50% of the amount of the fee, which is payable at the time of submission of the statement of claim, is attached. At the same time, this statement should be non-property. Also, the amount in the receipt should be 50% of the state fee, which is calculated from the amount that is disputed by this person.
The period for filing a cassation complaint is the amountdays, in which you can draw this document. In order not to waste time on processing additional securities, it is better not to miss the deadline. The filing date of the cassation complaint is ten days. This number of days is determined from the moment the judicial authority takes the final decision. The court recommends not to miss the deadline for filing a cassation appeal. If you do not have time to file this document, then you will have to go to court and issue additional papers. And this is a rather lengthy process. It is better to keep within the time limit for filing a cassation complaint.
If for some reason you still did not succeedsubmit a document to the court, it is possible to restore the deadline for filing a cassation complaint. In this case, you need to take into account the rules of paperwork. Recovery requires a petition for a missed deadline. In it, it is necessary to write down the reason, which caused the missing of the deadline for submitting the document.
Speaking of such an important document, it is necessaryto remind what is the period for consideration of the appeal. It usually does not exceed a period of two months, which is determined by the date of receipt of the complaint to the judicial authority. In the event that the cassation complaint has been filed before the expiration of the filing period, which is equal to ten days, then two months are counted from the moment when the deadline for submission of the document is fully completed. It should be noted that, if necessary, the court extends the time for consideration of the cassation complaint. In this case, it can be extended for no more than six months. This, in the first place, depends on the decision, to which the cassation complaint was filed.