If any of the parties is not satisfied with the decision of the Court of First Instance, it has the right to appeal.In turn, the defendant to defend their rights, it is necessary to make and file an objection to the appeal.In drawing up such a document should be very well to state its position, because this will directly depend on the court decision.
Quite often litigation is not completed in the trial court.Loser usually remains dissatisfied with the decision of the court, as he considers it to be unfounded and illegal.Then the only way for him to become an appeal.Under the legislation, such a complaint is filed in court, which was initially ruled.This requirement was established to ensure that the court could form a case and send it to a higher authority with the complaint.
objection to the appeal already served directly to the court, which will hear the case.In addition, the review it can be sent by mail, pass through the office of the court, or file is already in the session.
How to make a complaint?
It should be noted that the opposition is filed only in writing.In principle, any special requirements for this document is not.The main thing - you to make its position clear, which would help you to win the case.However, some requirements still have to adhere to.You must be sure to submit objections to such an amount that it could obtain a copy of all participants in the process.
to write an objection on appeal, can refer to the provisions of the Code of Arbitration Procedure.This normative act put such a thing as a review, which is fed to the appeal.In practice, through its standards are issued objections to the complaints in other industries.However, when it comes to criminal law, civil procedure, there also has its own characteristics.
objection to the appeal: the sample
As already mentioned, each case is different.Review prepared on the basis of the type of production and the factual circumstances.In this connection, you can create a general pattern that is convenient to use when writing all kinds of objections to the appeal.
- Please indicate the name of the court, which will be sent to your comment on the complaint.Below are details of the applicant and other persons who will be involved in the process (name, address, telephone number).
- sure to indicate the number of cases in which the complaint.
- directly in the body of objections described the arguments on which the applicant's complaint can not be satisfied.First you need to carefully re-read the original complaint, to identify its strengths and weaknesses.You also need to find out what the facts and evidence the applicant operates.You can then set out their arguments in the recall, backing them evidence (if any).In addition, all the documents that prove your words, must be attached to the objection.
- The document also select whether to attend the court hearing and asked to consider the case without you.
- At the end do not forget to sign your objection to the appeal.After that it can be sent to the court.
If we are talking about the arbitration process, the review of appeal must be sent to the opponent a registered letter with acknowledgment.Make this a must in advance, taking into account the time of delivery, and to become familiar with this document.Original receipts must also be attached to the recall.
Other requirements established in the civil process, here are a few different file an objection to the appeal.Code of Civil Procedure of the Russian Federation stated that a copy of the revocation should be provided with the original, and the court takes the direction of its copies to interested parties.If these requirements are not met, the objection remains without any movement to address the shortcomings.
Why do we need to review the appeal?
Very often, parties to fully duplicate in the objection on appeal all the information that they have already shown in the trial court.Others believe that the need for all re-describe in absolutely no recall.Unfortunately, it is common misconceptions inexperienced in such matters people.
Court will only examine the evidence which he served side.Parties are important to focus on the facts of the court, which they consider the most important.In making the decision, the court often relies on evidence of actors that comprise the complaint and objection to the appeal.Often the text of those documents are partially reflected in the judicial act.
So do not treat lightly the appeal process or ignore it.It is important for each item of the complaint to write a refutation, and indicate what you think the decision of the trial court quite reasonable (specify why), and the applicant's claims are unfounded.The response can be repeated data that you have pointed out in the claim or response to the claim initially in the trial court.It is also advisable to refer to the rule of law and judicial practice examples.Also consider the type of production: for example, the objection to the appeal arbitration proceedings will be different from civil, criminal, and so on. D. Do not forget about all existing time!
If in the course of drafting the complaint you still have difficulties, then it is useful to contact a lawyer.After all, if the case is particularly complicated, without a qualified specialist is difficult to understand.An experienced lawyer will not only make an objection to withstand all time, but also can represent your interests in the Court of Appeal.