Tip 1: How to make a complaint

law provides for the possibility to check the correctness of judicial decisions.A citizen whose rights are affected by the judicial act, shall have the right to appeal.To do this, you need to keep a number of procedural formalities.May be challenged by rulings of the Court of First Instance.Depending on the decision entered into force or not, distinguish respectively appeal and cassation appeal.
you need
  • copy of a judicial act subject to appeal;receipt for state duty.
Guide
1
Get a copy of the court decision, subject to appeal.
2
Determine jurisdiction, that is, the court, which will consider the complaint .Appeals against decisions of magistrates takes place in federal district court to appeal.Appeals against decisions of district courts is happening in the regional court appeal.
3
pay a state fee in the amount of: for individuals 100 p., 2000 p.for organizations.No state duty paid by private complaint determination.
4
Prepare complaint , be sure to include the fo
llowing information:
- the person filing the complaint , procedural status, address, telephone number;
- the other participants in the process, the names, addresses, phone numbers;
- which court forwarded the complaint;
- a decision appealed: the case number, a court has made a decision and the date of issuance, the operative part;
- what part do not agree with the decision, its arguments in support of the arguments, references to the provisions of laws, examples of judicial practice in similar cases;
- pleading part requires the abolition of a judicial act, the adoption of a new decision on the case, a change in the decision of the first instance;
- list applications;
- the complaint must be signed by the applicant or authorized representative.
5
Point complaint registered mail with notification or hand over directly to the office of the court.Along with the complaint send a copy of the complaint to the other participants in the process, a copy of the contested decision, the original receipts for state duty, power of attorney representative, other documents in support of their position.The complaint must be made within 10 days from the date of manufacture of a reasoned decision of the court.

Tip 2: How to file a complaint in court

To file a complaint in court, you must write a statement of claim in the prescribed form and submit it to the court at your place of residence.To write the application, you will need the assistance of counsel.Properly written statement (complaint) to the court - the key to success in your business.
How to file a complaint in court
Guide
1
To file a complaint in court, you must make a claim in the court in the place of your residence.The statement shall contain the name of the court where you want to make a complaint, your address data and the address of the defendant.If the complaint is related to the compensation for moral damages from the defendant, then specify the exact amount in which you assess the claim.
2
In the text of the statement enumerate all the circumstances that violated your rights and interests.It is advisable to present objective facts, confirmed by evidence, on the basis of which the court could conclude that your rights were indeed violated.
3
Next, you must substantiate the above circumstances of the case from the point of view of the law, that is, to present those legal standards, on the basis of which you concluded that the interests and rights violation.The statement of claim must be set out all logical explanations and clarifies that the court did not question the legitimacy of your requirements.
4
The final part of the statement is a statement of clear wording of the claim using legal terms, listing applications that you submit to the court simultaneously with the claim.The statement of claim concludes with a list of all the applications, indication of the date and signature of the plaintiff.
5
for well-written application, in order to avoid mistakes, we recommend to contact a lawyer, which you have chosen to protect your interests in court.Many plaintiffs believe that having made their own statement, they save considerably on the cost of the services of a lawyer.It is not thinking about how easy is it to be a lawyer to understand all the intricacies of the case on the basis of written statements wrong.Professionally written statement - a guarantee of making it to the Court and a civil case.
Note
If improperly issued a statement (complaint), the court can not take it to the production and to refuse to initiate a civil case.
Helpful Hint
For the literate writing applications (complaints) to the court - it is better to turn to a lawyer.
Sources:
  • how to file a complaint in court
Note
appeal shall be filed in the court of first instance.This is done at the same time the complaint is forwarded to a higher court with the case.
Sources:
  • Civil Procedure Code

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