Objection to appeal - sample 2021

The court verdict is usually announced in favor of one of the parties to the conflict. Persons participating in court proceedings who object to a court decision have the right to protest it by filing an appeal.

When registering an appeal with the judicial department, you can respond as follows:

• Ignoring the statement.
• Filing your appeal.
• Submitting an objection to the complaint.

Objections are sent when the court verdict suits the applicant, and the opposing party in the appeal statement presents arguments that contradict the circumstances identified during the trial.

How to properly prepare objections to an appeal in 2021

Content

The objection is sent to the original court hearing the proceedings. The number of copies of such a review must be equal to the number of participants in the production. The document must display the following:

1. FULL NAME. applicant, indicating the address.
2. The name of the court, with the address displayed.
3. Grounds for objection to appeal.
4. Materials or copies thereof certifying the applicant’s arguments and unfounded claims of the person filing the complaint.
5. Information about all persons involved in court proceedings.
6. Photocopies of documents attached according to the number of defendants in the trial.
7. Motion to dismiss appeal.
8. Date and signature of the reviewer.

There is no need to transfer the state fee when sending a response to the appeal.

Deadline for filing objections to the appeal

The time limits for sending an objection to an appeal statement are regulated by Art.
325 of the Code of Civil Procedure of the Russian Federation and paragraph 15 of the decision of the Plenum of the Supreme Court of the Russian Federation No. 13 of June 19, 2012 “On the application by courts of the norms of civil procedural legislation, ...”. The noted norm and the explanations of the Supreme Court of the Russian Federation state that the period for sending a response to an appeal is determined by the court of first instance. Those involved in the court case are sent a notice of the deadline for filing an objection in an accompanying letter to the filed appeal.

The time for sending the objection must be optimal, taking into account the period spent on sending postal messages, the distance of the applicant’s place of residence from the court, the volume of the appeal, the complexity of the judicial proceedings and other significant circumstances.

Note. The time for sending an objection to the appeal is determined by the court.

Most often, the time for filing an objection is determined within one month, determined for the appeal, but it can be extended due to extenuating circumstances.

At the same time, it is possible to send a disagreement with the appeal even after a period determined by the court. The court will still accept the document. However, such actions contribute to delaying the judicial proceedings, since the court must familiarize all the defendants in the case with the review.

In fact, disagreement with the appeal is allowed to be presented at the hearing of the appellate court.

Objection or review

The convicted person, based on the laws of the Russian Federation, is capable of contradicting the appeal transferred from the guilty person, without reaching an agreement with the opinions provided and not wanting the indicated sentence to become softer or completely canceled.

This requires that:

1. The victim formulated his thoughts on specific points of the appeal.
2. Whenever possible, provided substantiated reasons for your documentation.

The entire essence of the response to the appeal must be presented intelligibly and clearly. When appealing a decision, the victim or defendant presents new evidence from the trial that was not taken into account during the first consideration.

Any participant in the procedural case receives photocopies of the cassation appeal and becomes familiar with the indicated points. Any person participating in a criminal case, even a judge, is able to write a response to appeal the decision.

In a situation where the defendant sends a response, it is considered significant that the protest is not unreasonable. Since a guilty citizen for a specific defense must have a large number of obvious reasons.

During the appeal, only those factual points that are set out directly in the appeal of the decision are analyzed, therefore the defendant is obliged to write a review in its entirety.

An objection or review is practically the same thing. They clearly indicate that any participant in the criminal process is dissatisfied with the decision made and ask for it to be reconsidered, which happens in a retrial.

Procedure for filing objections to an appeal

In the judicial structure of general jurisdiction, the review is sent to the judicial department of the initial instance according to the number of persons involved in the proceedings.
When a conflict is being considered by an arbitration court, objections are sent to all participants in the proceedings plus one copy for the court of appeal. All copies of the review are accompanied by materials certifying the arguments presented.

A response to arbitration can be sent through the My Arbitr software, using the State Services portal or Electronic Justice. As a last resort, the objection can be sent to the court’s email address. When sending a document by email, you will need to duplicate the message by Russian post, or check the registration of the review by phone, presenting a paper version of the review at the court hearing.

An objection sent electronically, as well as attached materials, must be scanned and certified with an electronic signature. This is especially important for arbitration courts, so it is better for them to provide all documents in paper form.

Below is the procedure for sending an appeal and review in the form of a table.

What to pay attention to

1. It is important to convey to the court your view of the situation, supporting it with legal references to articles of regulations, confirming your position with facts and documents.
2. We must take time to analyze the arguments presented. If the opponent claims that the evidence was previously misjudged, then the question must be raised as to whether the other party previously made comments on this topic during the consideration of the case.
3. Minutes are taken during meetings. It reflects what was said during the trial. If there were no objections to the arguments, then both sides agreed with their correctness and validity.

By presenting the objection in this way, there is reason to conclude that the process was conducted flawlessly and there is no basis for filing an appeal.

When and to whom to submit?

An objection may be sent within the period determined by the judicial department and structure specified in the notice of sending an appeal protest in the case.
Disagreement with the appeal is sent to the court office where the original verdict was announced. They are considered by the courts of second instance. Sending an appeal statement during criminal proceedings is allowed no later than 10 days from the date of announcement of the court verdict.

For a convicted person in prison, the time for filing an appeal is counted from the moment he is given a copy of the verdict.

Lost time to submit an appeal request is allowed to be restored only if there are compelling reasons confirmed by the applicant when registering the complaint.

The legislation does not provide for actual deadlines for sending reviews, but obliges the court to establish them when notifying the persons involved in the case.

Note. The number of copies of disagreement with the appeal must be equal to the number of persons involved in the process plus a copy for the court.

Where to file objections

Many people wonder when and where to file an objection to an appeal?

1. The party that does not agree with the decision made files an appeal.
2. The court receives this paper and forwards it, along with photocopies of the attached documentation, to all participants in the proceedings in court.
3. The party that does not like what is written in the appeal also files an objection.

It is necessary to realize that no one should convey such a protest. This is an auxiliary component, the importance of using which, each person makes a decision for himself.

However, there is no need to ignore such a chance if there are existing objections to the appeal, since in similar circumstances the prosecutor will rely only on the case materials and the arguments of the other side.

An objection from a victim in criminal proceedings is submitted to the judicial authority that first made a decision in relation to the appealed case. A photocopy of the objection must be sent to all citizens participating in the process.

This photocopy must be sent by registered mail with confirmation of delivery, since later during the trial the author of the written protest in relation to the appeal may be required to provide proof of the report to the participants in the case.

Objection to an appeal in a civil case

To reach a final verdict in civil proceedings, debates are envisaged between two defendants - the plaintiff and the defendant, presenting arguments in favor of their innocence.
It is quite reasonable that the court is unable to satisfy both participants in the process. The legislation provides for the opportunity for each person involved, if dissatisfied, to file an appeal. A similar document is sent to a higher court with a request to review the court verdict.

Consequently, in the court of appeal, for the person involved in filing the complaint, the appeal is considered the main document. The legislator has not provided a mandatory document for the opposing defendant, but the defendant, on his own initiative, can send a response to the appeal, that is, the person involved who won the initial process is considered the author of the disagreement with the appeal.

In such a document, the defending party can display its position by responding to the claim displayed in the appeal.

The appeal is sent by the defendant who lost the process to the same court considering the civil claim, but it will be dealt with by a higher judicial department.

After reviewing the appeal request, the defending defendant may submit his written objection. In the absence of a response, the higher court will make a decision based on the oral review by the opponent of the process.

Note : The text of the objection will need to be sent to all parties involved in the case, including the court. Moreover, if the judicial department can send a review by email, then other participants in the appeal proceedings must send a review by registered mail.

If you disagree with the appeal, you will need to show:

1. The name of the judicial structure where the response to the appeal is sent.
2. Information about the author of the review.
3. Information about the appeal request, which was assigned to it upon registration in the court office.
4. List of attached materials (if any).
5. Signature of the applicant who submitted the review.

The text of the review must include several sections:

• The first section displays the reason for sending the objection (in this option, the presence of an appeal). Then the points of the complaint with which the opponent does not agree are indicated. Each objection must be substantiated, preferably by reference to the present legislative norms of the Russian Federation.
• The second section of the document displays a request to the appellate court to dismiss the complaint, preserving the verdict of the original court.
• Among other things, it is necessary to fulfill all requirements related to the completion of official documents in office work.

Sample objection to an appeal in a civil case in 2021

In the footsteps of the legislator

According to the Code of Criminal Procedure of the Russian Federation, Article 389.1 states that a response to an appeal should be written in free form, and all standards and rules for writing business documentation must be observed. Most often, such papers are drawn up by a lawyer at the request of the victim.

Filing a protest is considered the main tool for the exercise of legal human rights during legal proceedings as a defense. Based on this possibility, the principle of adversarial law is placed, which assumes the main basis of the criminal process.

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

Because of this, the objection to the appeal must be correctly and logically proven. This will help to resist the opponent, who begins to accuse him of an incorrect decision as the court of second instance examines the criminal case.

1. Parties.
2. Prosecutor.
3. Persons representing legitimate interests, applicants.
4. Other figures who participate in the case in cases where this is provided for by the code and if the determination of the judicial authorities excludes the possibility of subsequent progress in the case.

It is best to file appeals immediately after a case, when a decision has recently been made.

This will help with the greatest likelihood of getting the desired response from the judicial authorities, since cases that are several years old are often considered by the judge with some caution and the reason for filing a cassation appeal is revealed, which can negatively affect the court’s decision.

Objection to the claim for debt collection

Life circumstances may not always be rosy for a person.
If it has an overdue debt, the bank first tries to solve the problem peacefully, without going to court. However, if the problem cannot be resolved peacefully, then the bank applies to the courts with a lawsuit to collect the debt. The defendant, in this case, can file an objection to the bank’s claims. This document is, as it were, an alternative to a claim. An objection refers to a method of active defense in a lawsuit. Submitting an objection is not a mandatory document. Filing such a document makes sense if the defendant has important arguments.

An objection to a claim for debt collection is filed if:

1. The borrower (debtor) objects to the claim in full.
2. The defendant objects only to some of the plaintiff's claims.
3. You will need to present your own claims regarding the process.

An objection to the claim is drawn up in writing, with further sending both to the court and to the bank or credit department itself.

The text of the objection to the claim depends on the type of claim filed:

Feedback on the financial part of the claim

• This review discusses the actual amount of the claim brought by the bank. To challenge the specified amount of the claim, the defendant will need to present his own calculations of the debt. This especially makes sense if the bank carries out settlements improperly, for example, by entering unconfirmed amounts, significantly overestimating the amount of the penalty and relying on the financial illiteracy of the defendant.
• Therefore, here you need to be careful and, if there is the slightest error in overestimating the amount of debt, this will need to be proven by presenting appropriate arguments.

Revocation due to violations committed by the plaintiff.

• If the bank violated the rights of the plaintiff when sending a claim for debt collection, you can send a review accusing the financial institution of violating bank confidentiality when bank employees disclosed the client’s personal information.
• Transferring information about a debt to another institution is a violation of the defendant’s rights, especially if there are threats from collectors.
• An illegal action also includes the collection of funds without enforcement proceedings. An objection can be sent if the bank transferred the debt to an institution that does not have a license for such activities. In this case, the claim for debt collection is invalid.
• Sometimes the statute of limitations for appealing to the judicial structure, which is three years, may be overdue.
• If there is the slightest opportunity to object to the claim, it is better to contact a competent lawyer who understands the intricacies of legal norms.
• To draw up such an objection, you will need to prepare materials, study the loan agreement, checking the conditions given there for arrears, and carry out your own interest calculations. It is advisable to confirm the above arguments by referring to the articles of the Civil Code of the Russian Federation.

Most often, financial institutions require termination of a loan agreement with debt collection, based on Art. 451 Code of Civil Procedure of the Russian Federation. The defendant may oppose termination of the contract by proposing debt restructuring. The court's decision will depend on the strength of the parties' arguments.

Sample objection to a statement of claim for debt collection in 2021

Do I need to file an objection?

If the question arises whether it is necessary to provide a protest and whether it is worth it, the answer is yes.

When filing an objection, a person has a chance to correctly and competently interpret the central circumstances of the case and justify them. In the text of such a document, it is also worth noting that the cassation appeal, which was filed by an opponent in the proceedings, is not based on acts and legislative regulations and is considered unsubstantiated.

This point deserves great attention. Conditions often arise in which people involved in proceedings divide them differently.

They also evaluate the same circumstances, which ultimately can significantly influence the final result of the case. The chance to file an objection to a cassation appeal can be regarded as a counterbalance to justice.

An example of similar proceedings will help you understand all the intricacies of filing documentation.

Courts that hear complaints:

1. District Court.
2. The Supreme Court of a republic, territory, region, court of a federal city, autonomous region, etc.
3. The appellate instance of the Supreme Court.
4. Appeal Board of the Supreme Court of the Russian Federation.

Most often, the parties to the case who are not satisfied with the court decision of the first instance write a document with complex content, so that even the most unconvincing arguments sound clearly. This very often happens when analyzing difficult cases, from the point of view of legislation, for the analysis of which many months are allotted.

Review requirements

The legislation of the Russian Federation does not provide for any requirements for the text of the review.
The text requires the defendant in the appellate proceedings to reflect his position. In his response, the participant petitions the court to leave the original verdict unchanged and to refuse a positive decision on the appeal. This formulation appears in almost every objection.

At the same time, when filling out a review, it is advisable to comply with the following requirements:

1. You will need to prove why the participant believes that the first court verdict is lawful, and the appeal has no grounds.
2. To draw up arguments, lawyers use the following scheme:

• The court's conclusions on each point of the proceedings are presented, with arguments proving the validity of the decision.
• In addition, when filling out a review, it is advisable to comply with the following formalities:
• Correct display of the name of the judicial structure and its postal address.
• Details of the persons involved in the process, displaying their full names. and their addresses.
• Signature of the objector.
• The completed response will need to be sent to each person involved in the appeal process, with copies of documents submitted to the court of initial instance attached.

How to write

To make your position more convincing, it is recommended to outline your approach, present your own arguments, supported by evidence.

The subject of objection may be the appeal as a whole, or only certain parts.

Where to begin

In order to draw up the most effective document, you need to remember that the complaint is written in response to an appeal.

When compiling it, you need to consider the following.

The analysis of the arguments presented by the opponent must be evidential and confirm the correctness of the author of the objection.

When drawing up an appeal to satisfy it, it is not allowed to use arguments or mention facts that were not raised during the initial consideration by the court of first instance. If the opponent resorts to such methods of persuasion, this must be indicated when drawing up an objection.

In such a situation, the author of the appeal abuses the right to present evidence, violating the Code of Civil Procedure of the Russian Federation.

How to work with arguments

When conducting a judicial review, the legislation ensures that the parties are adversarial. The losing party in the case seeks to challenge the decision. The appeal presents a view of things that is sometimes confusing, obscuring the essence of the situation at hand.

Filing a complaint clarifies this document for the judge and creates a more correct coverage of the case from the point of view of the other side.

When analyzing an opponent's arguments, it is necessary to examine each argument presented by him for procedural distortion of facts. When found, it is necessary to note them and provide arguments as to why exactly this took place.

Since these circumstances were considered by the court of first instance, the participants in the trial may question the competence of the judge who presided over this case.

If during the trial the question of replacing the judge was not raised, then we are talking about an attempt to reinterpret, misinterpret his conclusions, which can be considered as an abuse of the opponent’s right to appeal.

How to clarify your position during a case in court

The company wants to file an appeal or cassation with additional justification for its position, which will help overturn the court decision. It is not clear how to add additions, because the APC does not establish special rules for this. In such a situation, it is necessary to rely on the opinion of the courts. The article contains three rules from practice; adhere to them so that the court accepts additional arguments.

Sample 2021

Expert opinion

Stepanov Maxim Anatolievich

Legal consultant with 6 years of experience. Specialization: civil law. Extensive experience in drafting contracts.

There is no special form provided for filing a complaint. The document must be prepared in writing. There is no need for certification by a notary.

In practice, a document format has developed that is recommended to be followed when describing it:

1. The top line must contain the exact name of the court to which the complaint is being filed. You must indicate the address of its location.
2. The author of the complaint indicates personal information, his name and position in this lawsuit.
3. The main part of the text lists the details of the appeal statement against which the complaint is being written.
4. It is necessary to specifically indicate in the text what exactly the author of this document is asking for.
5. Next, his point of view is stated and convincing arguments are given to confirm that he is right.
6. A list of attached documents is provided.
7. At the end of the text, the author's signature must be placed , a transcript must be provided, and the date the complaint was written must be indicated.

Send additions to the other side of the dispute

Companies that submit additional arguments to the court for complaints are required to show them to all participants in the case. That is, it is necessary to send additions to other participants, including the second party to the dispute, so that it has time to prepare arguments in defense.

It is risky not to send additional arguments to opponents in a dispute, since the courts believe that in this case the company is violating the procedural order and refuse to accept the additions. Example: a company went to court to recover lost profits from the defendant and lost. When the case was reconsidered, she submitted additions to the complaint to the court, but it did not accept them. The reason for the refusal was that the company did not send them to the defendant, thereby violating the principles of adversarial arbitration.

When you begin to send additional arguments to the other side, keep evidence that you did this. For example, if you send paper materials by mail, do not throw away the mailing receipt. Ask the other party to send confirmation of receipt of the letter. The court may not accept additions to the complaint if the company does not prove that it sent them to other parties to the dispute.

Sometimes the court may accept additional arguments to the complaint, even if the applicant did not send them to the other party. Then the judges will give all participants in the case time to familiarize themselves with the additions and prepare objections to new arguments. To do this, the court, at the request of the party, will announce a break or postpone consideration of the complaint for a while.

Submission deadline

There is usually a one-month period for appealing after the court makes a decision.

He has the right, at his discretion, to set the deadline for filing an objection if he deems it necessary.

Order

When filing an appeal, the court notifies the participants in the trial about this. Until this moment, it makes no sense to draw up the document because the appeal may be rejected or not accepted for consideration.

It is drawn up in free form, but it must contain all the necessary information provided for by the Civil Procedure Code. To apply, you must prepare a package of documents. It includes the objection, as well as the documents attached to it.

All this is submitted to the court that previously considered the case. A copy is sent to the other party to the process. When submitting documents, they are registered in the court office.

Example of using a document

If a situation arises where an interested party files a complaint to a court of second instance, seeking to overturn a decision made by the court, the defendant needs to protect his interests.

After receiving a copy of the document, a document is drawn up, the purpose of which is to leave the previously made decision of the trial court in force.

This situation needs to be illustrated with an example of the effective use of an objection to an appeal.

In this case, the subject of the judicial review was that the defendant, when examining the case in the court of first instance, did not pay for the received consignment of goods. The court recognized the payment arrears and ordered the defendant to pay:

• missing amount;
• interest for its use;
• state fee for going to court;
• payment for representative services.

The defendant based his appeal on the fact that the procedure for considering the case was violated - he was not notified of the trial.

The objection to this complaint was based on the following arguments.

1. The Unified Register indicates the legal address of the company to which the notification was sent.
2. An attempt was made to hand over the relevant documents personally to the director, which he evaded. An act was drawn up reflecting this fact.
3. The post office sent notifications three times that documents were needed, but a company representative did not show up to collect them.

According to Article 123 of the Arbitration Procedural Code, it is considered that under the specified conditions (the documents were sent to the official legal address no later than 15 days before the start of the consideration, a notice was sent, but the recipient did not come for the documents), the defendant is considered to have been properly notified by the court.

The objection states that the defendant did not put forward any documents on the merits of the case, did not challenge the decision as a whole or part of it, and did not point out its groundlessness.

Here the arguments of the filed complaint were considered and its groundlessness was proven. This led the judge to uphold the earlier decision of the trial court.