Time limit for consideration of an appeal in a civil case

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Published: 10/04/2018

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An objection to an appeal (or response) is the legal right of a litigant to protest an appeal filed by a second party.

To do this, in accordance with Article No. 262 of the Arbitration Procedure Code of the Russian Federation, the interested person must draw up a written objection and send it to all participants in the process, as well as to the court district.

• Who is eligible to apply?
• How to draw up a document Submission deadlines
• Consideration of the objection

As a result of the consideration of the case, a decision is made in favor of one of the parties. Accordingly, the losing party has the opportunity to appeal the court decision on appeal.

After receiving an appeal, the other party may take actions such as:

• do not react to it;
• also file an appeal;
• file an objection to the complaint.

This can be done in case of any disagreement with the text of the appeal statement. The right and process of protesting appeals are reflected in the thirty-ninth chapter of the Code of Civil Procedure of the Russian Federation.

Drawing up an objection to an appeal

A sample objection to an appeal in a criminal case may be needed at the most unexpected moment. I am no exception to this. I urgently needed to express my indignation at the appellate redneck, but I didn’t know how to do this. As a result, the objection I filed was declared invalid, and there was simply no time left to submit a new document, which would already take into account all the current requirements and nuances.

In order to prevent other individuals from finding themselves in the same unfavorable situation, I will tell you according to what rules this document should be written. We will talk about the structure of the objection, what information must be presented in it, as well as what details must be in the document. In addition, it will be explained how to correctly formulate requests for the sake of which an objection is filed.

What must be included in a rebuttal letter?

1. First of all, express your gratitude to the reviewers for spending a significant amount of time reviewing the article. Rebuttal letters that thank reviewers for their time and comments leave a positive impression and ensure a productive collaboration.

2. Recognize that the misunderstanding may have arisen from poor presentation on your part rather than from the reviewers' lack of experience, and frame your response accordingly, taking the opportunity to provide clarification.

3. Copy the entire text of each reviewer's comments in your rebuttal letter, respond briefly to each reviewer's comment immediately after each point, and clearly indicate how you plan to address that comment (by performing additional experiments or simply making editorial changes), or indicate data missed by the reviewer that already clarifies this issue.

4. If you cannot answer the question, explain why.

5. Number the comments, or at least break them up into paragraphs, and use different fonts or text colors to differentiate between the reviewer's comments and your response, rather than writing one review for the entire review in summary form.

6. Include relevant citations with full references or credits so they can be easily found.

7. Include relevant new data as inline figures, tables, or attachments. Indicate where in the manuscript you added information; Provide page numbers, figure areas, supplementary materials, etc. so that editors and reviewers do not have to search for new data. If any of the above information is not included in the revised article, please explain why.

8. Be concise and precise and avoid cumbersome arguments. In cases where more than one reviewer has made the same point, it is best to provide a link, for example, “see response to point 2 from Reviewer #1.”

9. Remember that every reviewer sees all comments and your responses, so be equally respectful to everyone.

Objection to the appeal

To begin with, I propose to understand what an appeal is. If the court, as a result of a criminal or civil trial, has made certain decisions that have not yet entered into legal force, then they can be appealed using a document such as an appeal. There is also such a thing as a full appeal. In this case, there is a complete review of the case from the very beginning.

The review procedure is carried out in accordance with the rules established for courts of first instance. However, if a certain individual is categorically against an appeal process of this nature being carried out, he can file an objection to the appeal. Such a document is submitted to the court for consideration. In order to give a document legal force, it must contain references to relevant legislative acts.

An objection to an appeal in a criminal case must be accompanied by documentation confirming the legality of the words written by the plaintiff.

How to properly formulate an objection

The structure of an objection is similar to any standard statement. First of all, you need to fill out the upper right corner of the sheet. The name of the court is written in the very top line. The exact name of the authority must be indicated. Next, the line below displays the surname and initials of the individual who is filing the objection. In addition, you must indicate the address where the plaintiff currently resides.

This is interesting: Sample application for transfer to prison

After this, you should retreat a little space and write the name of the document in capital letters in the center of the new line. In this situation, this is an objection. Then the line below indicates that this is an objection specifically to the appeal. Thanks to this clarification, the judge will immediately understand what issue he has to deal with.

Then from the paragraph you can indicate the main information. An objection drawn up for the purpose of canceling an appeal must contain the following information:

• About the decision made. First of all, the day, month and year when the decision was made on a particular case is entered. It is also necessary to indicate whether the case is criminal or civil. Next is the name of the court. After this, the last name, first name and patronymic of the individual who acted as the plaintiff in this case are displayed. Then the same information is written down, but only about the defendant. And the last thing that needs to be added to this block is the essence of the claims.
• About the appeal. In this block of objections it is necessary to clarify how things stood with the claims. There are two possible options - either they were satisfied or not. Next is the date when the appeal against a certain decision was filed. Then you must indicate the last name, first name and patronymic of the individual who submitted this document. You should also write down what specific requests were expressed through the complaint filed against the relevant court decision.
• Objection. After you have already described how the situation is using the two previous blocks, you can proceed to writing the objection itself. The plaintiff needs to list as clearly and concisely as possible the facts for which he believes that the arguments of the complaint are unfounded. If there are any incorrect circumstances indicated in the complaint, then this must be reported. It may also be that the individual who filed the original complaint interpreted certain statutes in a legally incorrect manner.
• About judicial findings. It is also worth writing that the court’s conclusions were made objectively, and they were made based on evidence relevant to the case. In addition, it must be clarified that the court correctly established all the circumstances that had legal value for the consideration of the case. Then it is worth writing whether a proper assessment was made regarding the evidence. The numbers of articles that were directly related to the case are also written down.
• About arguments. In addition, you will need to write information about the arguments that were given as justification for the appeal. It should be noted that the court verified these arguments. Then the plaintiff must state that the court did not agree with them as a result and this was done justifiably.

The plaintiff must write that, in his opinion, there are no grounds on which the appeal could be satisfied, and accordingly, it is not worth canceling the court decision.

Formulation of a request and list of documents

After all the basic information has already been written, the applicant can proceed to display his goals for which he is drawing up this document. This is done in the form of requests. You need to indicate the numbers of legislative acts that govern the individual, and then in the middle of the line write a word such as “I ask,” put a colon and display a list of requirements.

In this case, the main request is that the decision already made by the court be left without any changes. Do not forget to again indicate the day, month and year when this decision was approved. It is also additionally indicated that the appeal should be left unsatisfied.

However, that's not all. In order to give the objection legal force, documentation must be attached to it. You must remember to list the names of these additional documents in the objection itself (in the “list of attached documents” block). This list must include a copy of the objection itself. In addition, any other documents that can be used to confirm the plaintiff’s objections to the complaint are attached.

I remind you that the objection must be signed. In addition, on the right side of the signature there must be the date of filing the document.

Is it worth writing objections to a supervisory complaint?

By and large, there is no need to write objections for several reasons:

1. the appealed court decision must be able to defend itself, and it is for this purpose that there is a reasoning part of the decision, which must, by its content, refute the arguments of the author of the complaint;
2. if the court decision is illegal, it will be canceled and no objections will be able to defend it;
3. The Supreme Court checks the court's decision to determine the legality of the complainant's demands. That is, the refutation of the complaint contained in the objection will not in any way affect the opinion of the members of the Supreme Court.

Thus, there will be no objective need or great practical benefit from objections.

However, writing objections is a legal way to defend your interests, therefore, if you want, you can write objections.

Objection to the appeal

The judicial system of the Russian Federation is three-tiered, according to which the decision made by the court of first instance is subject to review through the appeal and cassation procedures.

Any person, turning to court for the protection of a violated right, hopes for a fair resolution of the dispute, which is achieved by observing the basic principles of legal proceedings, among which the most important are the independence of judges, equality and equal rights of the parties and participants in the process.

The decision of the court of first instance, made following the consideration of the case, enters into legal force after one month from the date of its preparation in its final, reasoned form.

A person who does not agree with the court’s conclusions set out in the decision has the right to appeal it in an appellate court. A copy of the appeal must be sent to all persons involved in the case. Having become familiar with the position of the appellant, any party, regardless of his procedural position: plaintiff, defendant or third party, has the right to refute his arguments by drawing up objections or responding to the appeal.

There is no fundamental difference between these legal concepts such as review or objection; in fact, these are identical words.

A little about supervisory complaints

A supervisory appeal is a method provided for by law to appeal court decisions or rulings that have already entered into legal force. At the same time, the law strictly regulates the grounds for appeal and the circle of persons who have the right to submit supervisory complaints.

It should be clarified that the supervisory complaint itself is not mandatory for consideration, because there is no “supervision” of the participants in the process or government bodies. There is “supervision” over the legality of court decisions by the Supreme Court of the Russian Federation and the Supreme Courts of the regions and republics of the Russian Federation.

Therefore, a supervisory appeal is just an attempt to draw the attention of the highest court to the violations of the law committed in the appealed decision. That is why supervisory complaints are sent directly to the Supreme Court, where qualified consultants:

• consider the arguments of the complaint;
• request civil cases, the decisions of which are being appealed;
• study the case materials;
• prepare submissions to the relevant panel of the Supreme Court.

In order for a supervisory complaint to be accepted for consideration, it must comply with the requirements of Articles 391.3, 391.2 of the Code of Civil Procedure of the Russian Federation, namely:

1. must be filed before the expiration of 3 months from the moment the decision (ruling) enters into legal force. If the deadline is missed, the complaint must be sent simultaneously with an application to extend the appeal period, if the deadline was missed for a good reason;
2. must be from a person who has the right to file a supervisory appeal, that is, from a party to the case or from a third party whose interests were unlawfully infringed by the decision being appealed. The right of supervisory appeal also belongs to the prosecutor filing a complaint in the interests of the law.
3. must be issued in accordance with the rules set out in Art. 391.3 Code of Civil Procedure.

If the complaint does not meet the above criteria, it will be returned without consideration.

The grounds for canceling decisions by way of supervision are also strictly regulated and set out in Art. 391.9 Code of Civil Procedure. Thus, a decision can be canceled if it:

1. infringes on the constitutional and international rights and freedoms of both a citizen and an entire population of citizens, even if their number or specific composition cannot be established;
2. incorrectly applies substantive rules of law.

How long does it take to file an objection?

The filed appeal must be accepted for proceedings by the appellate court; a ruling must be issued on its acceptance, in which the court determines the date and time of the court hearing and invites the participants in the process to take certain actions in order to prepare the case for consideration.

One of the requirements of the court is the obligation of persons taking part in the case to submit objections to the appeal, and the same ruling contains an indication of the date by which the objection must be submitted.

The appeal must be considered within 2 months from the date of receipt of the case from the court of first instance. Due to judges' busy schedules, the case is usually assigned closer to the end of the deadline. Therefore, the participants in the process have enough time to prepare an objection.

This procedure is provided in order to comply with the principle of equality of rights of participants in a judicial dispute, which contains the requirement that each person has the right to know in advance about the arguments and position of his opponent.

How long does it take to file an objection?

There are two regulations that establish the deadline for filing an objection to a filed appeal in the framework of civil proceedings:

• Code of Civil Procedure of the Russian Federation (Article 325);
• GD of the Supreme Court of the Russian Federation “On the application by courts of the norms of civil procedural legislation regulating proceedings in the court of appeal” (paragraph 15).

Note! The rules and clarifications of the court establish that the deadline for filing an objection is determined by the court that initially considered the case (the court of 1st instance).

When filing an appeal with the court, interested parties are sent notifications informing them of their rights to file an objection and the deadline for filing the document.

The reasonableness of the time limit for filing an objection is established. This means that the period is determined based on the time required to send the document and its delivery by the postal service, the distance of the court from the place where the citizen lives, the location of other citizens who are involved in the case, the volume of complaints, the complexity of the process and other important circumstances.

Often the period for filing an objection is set at 1 month, which is set for filing an appeal. However, this period may be extended, taking into account various circumstances.

You need to understand that the deadline for filing an objection to a filed complaint is not preemptive, that is, even if the objection is filed after the end of the specified period, it will still be accepted.

However, late receipt of the document will lead to a delay in the process or a postponement of the date of consideration of the case, since all participants will have to familiarize themselves with the objection, and separate time must be allocated for this.

In practice, an objection can be filed even when the case is being considered in the appellate instance, but this will lead to an increase in the period for consideration of the case.

How to compose correctly

Having received an appeal, you need to carefully read the contents to ensure that the appellant’s demands comply with the norms of procedural and substantive law.

Compliance with procedural norms means that the person filing the appeal did not violate the deadlines for filing it, correctly indicated all the parties to the dispute and relies on the arguments and evidence that were the subject of consideration by the court of first instance.

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If the applicant missed the deadline for filing it and filed a petition with the appellate court to restore the deadline, other participants in the case may object to its satisfaction. If the parties do not consider the reasons for the absence to be valid, then they need to write about this in the response and demand that the court refuse to accept the complaint for proceedings in connection with the missed deadline.

An objection to the timing of filing a complaint may be filed immediately after receiving a copy of the appeal if a violation is found.

The requirements of substantive law are the correct application of legal norms and compliance of the applicant’s position with legislative acts.

If you disagree with the contents of the complaint, you must write a reasoned objection that reveals the reasons for the disagreement. Detailed and detailed on each point in which the opinions of opponents of the legal dispute diverge and differ from each other. Each conclusion must be supported by the norms of the law, otherwise such an objection will be groundless.

According to procedural rules, participants in the process are deprived of the right to present new evidence to the appeal and state new facts and arguments that were not considered in the court of the first level. Therefore, you need to write in the review only what is known to all parties from the proceedings in the lower instance.

What is a rebuttal letter and why write one?

Taking an objective look at how to satisfy reviewers' requests will go a long way in determining whether a paper revision will be successful and in avoiding unnecessary resubmissions.

If you wish to resubmit a proposal where the editorial decision was negative and the reviewers were critical of the material and requested a lot of additional information, you must send a letter of appeal to the editor before submitting a request for reconsideration (for more information, see the article “Cover Letter: How to Write a Letter of Appeal") and a rebuttal letter to discuss whether the proposed list of additional information could address the reviewers' objections.

Even in cases where authors have received a positive editorial decision and are confident that they can answer the reviewers' questions, they must submit a rebuttal letter re-answering these questions.

A properly formatted rebuttal letter is critical to any resubmission

A Rebuttal Letter is an opportunity for the author to respond directly to reviewers, announce plans to make adjustments to the work, clarify misunderstandings, or defend some aspect of the work. The format of such a letter can have a significant impact on whether the appeal is accepted for consideration and on how reviewers evaluate the changes made.

Objections in civil, criminal and arbitration cases

There are no particular differences in the procedure for drawing up and filing a response to an appeal according to the types of branches of law.

At the same time, there are some procedural features regarding where and how the objection is filed.

Criminal cases are tried by magistrate and federal judges, depending on the severity of the crime committed.

Civil cases in courts are also heard by magistrates and federal judges, and the appeal procedure is identical to the criminal procedure rules. Within the same time frame - one month - a complaint is filed through the court that considered the case at the first stage.

Appeals are made directly to the court or by mail. An objection to the appeal may be filed after the copy is received by the party participating in the case by the date established by the ruling.

The Arbitration Procedure Code contains the right to file both complaints and objections through the “My Arbitrator” Internet system, which significantly simplifies the task and extends deadlines, since all documents are considered received by the court on the day they are uploaded to the judicial website.

When, where and how is a response to a complaint submitted?

After the interested party receives a copy of the appeal and all the documents attached to it, which he did not have available, he has the right (and in the arbitration process, the obligation - Article 262 of the Arbitration Procedure Code) to file a response to the received complaint. It is important to note that in civil proceedings, filing responses/objections to an appeal is precisely the right of a participant in the process, and not an obligation.

On the other hand, it is necessary to express your position to the court - otherwise the court will make a decision only on the basis of the available materials of the case and the position of the other party.

The response is sent to the court that made the initial decision in the case, and copies of the objection to the appeal are sent for review to all participants in the process. It is important to note that in court you will need to confirm the sending of the response to the participants in the process, so it is better to send them by registered mail with notification and be sure to keep the receipts for sending.

After the global procedural reform, you can submit documents to the court via the Internet by going to the website of the relevant court. There you can also attach documents to your review electronically. However, the other participants in the case will have to send the review by mail in any case.

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Although procedural legislation provides for the possibility of the parties to express their position directly at the court hearing, in order not to delay the process and not to abuse the granted right, it is still better to highlight your position on the case in advance.

It should also be noted that when filing a response to an appeal, there is no need to pay a state fee, since court costs are borne by the party filing the complaint. If the case is decided in her favor, such expenses may be recovered through enforcement proceedings.

There is no single sample of an objection to an appeal, since it must be drawn up based on all the materials available in the case, but we can provide the simplest example of such a document.

Objections to an appeal for alimony

Alimony is collected on the basis of a court order or if the amount of claims exceeds 50 thousand rubles, a decision is made by the district court.

When appealing against judicial decisions, an appeal is filed by a person who does not agree with the decision. As a rule, such disputes are resolved overwhelmingly in favor of the children and the parent with whom the child lives.

The appeal may contain arguments regarding the amounts awarded and their amounts. If a participant in the case in whose favor the alimony was collected wishes, he can file objections to the complaint. If the obligation to write a review is not fulfilled, the case may be considered in the appellate instance based on the available materials.

Filing objections to an appeal is, in fact, a right, and not an obligation, of persons participating in the process. It becomes binding if the court indicates this in the ruling, but failure to submit objections does not prevent the consideration of the appeal.

Decor

Objections to the appeal are drawn up according to the general rules for drawing up reviews of procedural documents.

Objections begin with the so-called “header”, which includes:

1. name of the addressee, that is, the name of the appellate and cassation authority;
2. name (full name) of the author of the objections, his place of residence and procedural status (plaintiff, defendant, representative of one of the parties, third party).

Immediately under the heading, with the words “Objections to the appeal in case No. ________,” the descriptive part of the document begins. The descriptive part must necessarily include:

1. the essence of the claim and the names of the parties to the claim;
2. information about the date of the decision of the court of first instance and its contents;
3. information about the content of the appeal (cassation complaint);
4. refutation of the arguments of the complaint with references to the sheets of the case, which the arguments of the complaint contradict.

The descriptive part ends with the words “based on the above, P O SHU”, after which the operative part begins, containing a direct request to the appellate authority to accept the arguments of the objections and reject the arguments of the complaint.

The text of the document ends with the date of drawing up the objections and the signature of their author.

There is no need to attach any documents to the objections to the complaint, since, as mentioned above, the appellate instance only considers evidence that was studied during the consideration of the case, that is, already available in the case file.

Procedure for considering a complaint

Initially, the complaint is filed through the court that made the decision. The case is transferred by this court to a higher authority when the period for appeal has expired. The appellate court issues an act on its acceptance for proceedings and informs the participants in advance about the day and time of consideration.

The procedure for considering an appeal in a civil case:

1. Verification of compliance of the complaint with procedural requirements is carried out by the court that made the decision.
2. Transfer of the appeal along with the case to the appellate court, if there were no grounds for returning the complaint or leaving it without progress. Done after the deadline for appealing the decision has expired.
3. Appointment of a court hearing by the appellate court and notification of the participants in the process.
4. Opening the meeting on the appointed date, checking the attendance of the participants in the process, establishing their identity, explaining their rights and obligations.
5. Statement by the judge - rapporteur on the case of the circumstances of the case and the essence of the complaint under consideration.
6. Speech by the parties.
7. Disclosure of evidence in the case if the parties request it.
8. Study of new evidence that was accepted by the court.
9. Speech by the participants in the debate.
10. Removal of the court to the deliberation room.
11. Announcement of the appeal ruling upon return from the deliberation room.

Correct drafting of objections

If you decide to write an objection, then you need to do it correctly. It should be remembered that any document that has some legal significance has two components - formal and substantive. The supervisory complaint also contains both of these components.

The formal part of the complaint should include everything that arises from the Civil Procedure Code, that is, deadlines, rules of registration, compliance with the subject composition. If at least one procedural criterion is violated, then this should be indicated in the objection. The fact is that procedural violations are almost always grounds for withdrawing a complaint from consideration.

If everything is fine from the procedural side of the complaint, then we need to take on its material side, namely the arguments that are given in it. It is better to build objections according to the “argument - refutation” scheme.

For example, the author of the complaint refers to the fact that the decision was made in his absence. Objections must provide evidence that the court took all measures to summon the author of the complaint to court, but he avoided appearing. In this case, reference should be made to the case materials confirming the facts stated in the objection.

If the arguments of the supervisory appeal “hit” the weak points of the court’s decision, then in objections you can try to defend the judge’s position.