Appeal against a magistrate's decision: sample

An appeal against a magistrate's decision is filed when there are grounds to believe that the verdict was rendered illegally or unreasonably. Any party to the proceedings has the right to appeal the decision of the magistrate. An important requirement is to comply with the filing deadlines and draft the complaint correctly.

In accordance with Article 199 of the Code of Civil Procedure of the Russian Federation, the magistrate has the right not to present a reasoned decision on the proceedings reviewed by him. Participants in the case who wish to appeal the decision of the magistrate must submit an application, in which case the judge will be obliged to provide the full text of the decision or review the verdict.

Who can file a complaint

An appeal against a decision of a magistrate in a civil case is regulated by Article No. 320 of the Code of Civil Procedure of the Russian Federation. If the defendant or other persons wish to challenge the verdict, this must be done before it enters into force. Once the process is complete, this is unacceptable.

The following persons can file an appeal:

plaintiff and defendant;
public prosecutor;
other participants in the process.

Persons who did not directly participate in the meetings or are related to the case, but did not appear in the process, are also able to appeal the decision.

In order for an appeal to be accepted for consideration, a number of rules are taken into account:

A package of necessary documentation is being prepared. Collection of documents is a mandatory procedure for all participants in the proceedings. Without completeness of data, the appeal will not be considered.
An appeal does not allow the application to indicate requirements that were not previously stated. Despite this, the applicant has the right to use additional arguments in his favor. It is important to provide significant facts that explain why this information or evidence was not provided at the time the case was first decided.
Based on the results of a re-examination of all aspects of the proceedings, a verdict, ruling and determination will be made, but even a repeated decision can always be challenged through a cassation appeal.

An appeal against the magistrate's decision on divorce is filed by one of the spouses. Such nuances often include the following reasons:

husband and wife decided to save their marriage;
dispute over the amount and calculation of alimony;
there are property disagreements regarding who and where their child will live.

The desire to change the court's decision is not enough. It is important to present the facts within a short period of time so that the case can be returned for retrial.

As evidence, you can present not only official papers, but also witness statements.

It is better for disinterested persons to speak at the rehearing rather than relatives. The maximum number of transfers cannot exceed three.

Lying in court is punishable by law, on the basis of Articles No. 306 and No. 307 of the Criminal Code of the Russian Federation.

If a complaint against a magistrate’s decision on deprivation of rights is being considered, then you can count on success if there is a good reason. The human factor plays a role in this matter.

Perhaps the traffic police inspector made a mistake or other government officials exceeded their powers. To challenge the verdict of deprivation of a driver’s license, they are guided by Articles 30.1 – 30.8 of the Administrative Code.

Reasons:

an error was made when drawing up the protocol;
the magistrate, when considering the issue, did not take into account important aspects of the case;
the judicial representative incorrectly interpreted the provisions of the law of the Russian Federation;
Important witnesses, whose petition was filed but were rejected, were not interviewed.

If a person's driver's license is revoked because he was driving while intoxicated and the main evidence of guilt is a test, then testing the device can be a valid basis for an appeal.

For example, the device for testing alcohol levels did not indicate the manufacturer, it was faulty, or such a procedure was not carried out at all. Then it is necessary to write a petition requesting a change in the penalty.

An appeal against the decision and ruling of a magistrate on an administrative offense may be appealed to a district (city) court.

Peculiarities:

Persons in respect of whom the proceedings are being conducted can file an appeal against the decision of the magistrate in administrative proceedings.
The collected package of documents for appealing the decision is submitted to the magistrate, who directly made an unsatisfactory decision in this case.
After receiving the papers, the magistrate is obliged to send the documentation with all additional materials to the district court within 3 days.

Filing an application is the first stage of an appeal. All decisions that were made at the first stage will be reviewed.

Reasons for appealing a court order

The concept of a court order is disclosed by the Civil Procedure Code of the Russian Federation in Article 121. In accordance with the article, an order is a decision made by a magistrate as part of a claim for the recovery of funds (movable property), the required compensation (cost) for which is no more than 500,000 rubles.

The order is made outside the hearing process, so the defendant does not have the actual opportunity to present compelling evidence immediately. Most often, the issues raised in court orders relate only to disputes about debt collection.

It is a mistake to think that a court order cannot be appealed. This right arises as soon as the order is served on the defendant. Since the period for appeal is only 10 days, you should hurry to resolve the issue.

When only the bailiffs were notified of the court decision, you should write an application to the judge to cancel the order due to the late receipt of the latter.

Important! Court orders are successfully challenged, as practice shows, if the following are cited as justifications:

Disagreement with the accrued amount of debt. For example, if the loan was issued by the borrower with a payment of 6,700 rubles per month, and over a certain period he contributed money to repay the debt, and the order does not take into account the amounts contributed, this is an ironclad basis for filing a complaint and challenging the court order. During the appeal process, the debtor will also have the right to find missing funds and fulfill obligations to the creditor;
Disagreement with the debtor's choice. The loan is issued with the participation of not only the debtor. Other persons are also financially responsible, for example, the guarantor;
The need to find the missing amount. For example, despite the defendant’s failure to repay the entire amount before filing a claim in his name, he contacted the creditor and agreed on a debt repayment schedule, and contributed part of the funds. In the process, you can also take steps to pay off the debt in full;
The defendant is not proper. Although a claim has been filed against the person, it is not directly related to the debt. Another person sometimes receives a court order in connection with the borrower’s initial indication of incorrect information or an error made by the employees of the credit institution. Often we are talking about namesakes.

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Where is the appeal filed and by whom is it considered?

An appeal against the magistrate's verdict is filed with the city district court where the official works territorially. That is, to the same place where the verdict was made.

After all documents are collected and sent to the court office, the appointed official considers the possibility of an appeal.

Direction order:

A review of the grounds is carried out to decide whether to accept or reject the complaint.
If the appeal application is accepted, then a mark is placed with the result of the measures taken.
Copies are sent to all participants in the process and filed in the file.
When the period for consideration of the application comes to an end, new proceedings begin to appeal the materials of the civil case.
Everyone involved in the case is notified when and where proceedings will continue.

The process takes place in the first instance.

If before the verdict is rendered it becomes clear that the previous decision of the magistrate is rejected, the new verdict comes into force. The procedure is the same for all types of proceedings. Sometimes, instead of making a decision, the judge may issue an order that the previous verdict is quashed.

The decision on appeal can always be appealed by filing a cassation appeal. The issue will be dealt with by a higher authority.

Reasons for overturning a judge's decision

If certain circumstances exist, decisions made by a magistrate are legally overturned.

Note! The following reasons are considered significant:

During the court hearing, the circumstances that are of paramount importance for resolving the dispute were initially incorrectly established;
There have been violations of the law (procedural and/or substantive);
The judge who made the decision did not sufficiently substantiate it or gave an incorrect legal assessment of the important points in the case;
The conclusions made by the judge are at odds with the factual circumstances of the case.

All these are grounds for changing the decision made by the previous court.

The judge's decision may be overturned if:

There were violations regarding the requirements for the language in which the trial should be conducted;
The consideration of the case took place in the absence of one of the participants, whose presence in the case is mandatory;
The court made a decision regarding persons not related to the case;
The case was considered by an unauthorized court;
There is no signature of the judge involved in the case, or the signature was put by the wrong judge;
The secrecy of the meeting was violated;
The specialist did not keep minutes of the meeting.

In order for the judge’s decision to be made in favor of the plaintiff, you need to correctly file the claim, justify your position by providing evidence (including documentary evidence).

Deadline for filing a complaint

An appeal must be filed within the strict time limits established by law. The beginning of the period is considered from the moment when the resolution has already been drawn up, but the case has not yet been finally closed. The countdown begins after the verdict has been finalized.

There are deadlines for different categories:

for civil proceedings – 30 calendar days;
for administrative and criminal cases – 10 calendar days.

An appeal against the magistrate's verdict will not be considered if the deadline has expired. But each participant in the process can restore this period through a statement. After acceptance of the application, two months are allocated for a response.

What documents should I attach?

Before submitting documents, read the comments of Article No. 322 of the Code of Civil Procedure of the Russian Federation. The appeal is rejected if not the entire package of documentation is attached to the application.

The mandatory list includes:

complaint (its text);
copy of the definition;
power of attorney if another person acts for the applicant;
receipt of payment of state duty;
a receipt confirming that notification letters have been sent to all participants in the process.

It is not necessary to attach documentation that has already been accepted for office work. The prepared package of papers can be sent to the judicial department by registered mail, Russian Post, or delivered in person.

The number of copies of complaints sent to the district court must correspond to the number of participants in the process.

Legal advice

The materials of the appeal must be prepared and sent in advance; the inclusion of additional documents during its consideration is not advisable.
The text of the complaint must reflect its essence, and therefore the use of free style in its preparation is not allowed.
A complaint can be submitted either in person through the reception office of the magistrate, or by sending it by mail.
If documents are sent by mail, then it is better to use a registered letter with acknowledgment of receipt and a description of the contents.

State duty amount

The resolution on the payment of the state duty, its amount refers to articles No. 333.35, No. 333.39, No. 333.19 of the Tax Code of the Russian Federation. The state fee when filing an appeal against a decision of a magistrate is paid before the application is submitted.

Its size is:

150 rubles for individuals;
3000 rubles for legal entities.

When submitting applications to the courts, people forget to pay the state fee or make contributions even though they are exempt from them.

Groups of persons whose applications are considered free of charge by the state: representatives of government authorities; persons who stood up for the protection of children; when protecting copyright or consumer rights, people with disabilities.

How to file an appeal

An appeal against a magistrate's verdict is filed by any of the list of persons involved in the proceedings. The application is filled out on a special form. The requirements and rules for filling out are specified in the comments to Article No. 328 of the Code of Civil Procedure of the Russian Federation.

Main aspects of filling:

The appeal is written to the judge. The document has a “header” where the name of the court is written, where basic information about the plaintiff is sent: full name, address, telephone.
The body of the letter indicates why the person considers the court’s verdict to be unfounded. All requirements presented by the applicant must comply with the authority of the institution where the paper is submitted.
If the appeal is filed on the basis of additional evidence (papers, witness statements, video and audio files), then the applicant must explain why this evidence was not presented earlier.

No less important is the literacy of the application and the brevity of the presentation of information. To compose the text correctly, additionally read Article No. 325 of the Code of Civil Procedure of the Russian Federation.

Care should be taken to ensure the completeness of the data. The main points where people who are not legally savvy most often make mistakes: information about the plaintiff or defendant, the essence of the complaint, a list of documentation.

The applicant often does not indicate his passport details, registration address and actual place of residence.