Preparation and filing of an appeal, objection in a civil case

An appeal against the decision of the court of first instance is filed within 30 days from the date of its announcement (Article 354 of the Code of Civil Procedure). If the court announced a short text of the decision, the term is calculated from the date of the full text of the decision, and when the full text of such a decision is prepared, it must indicate the date when it was prepared.

At the same time, the appellate court considers the issue of the time limit at the stage of opening the appeal proceedings: if the appeal is filed out of time or does not contain a duly substantiated request for the extension of the missed time limit, the appellate court shall issue a ruling to leave the appeal without motion, indicating that the appeal does not meet the formal requirements of the law.

The new version of the Code of Civil Procedure provides for filing appeals directly to the court of appeal. This eliminates the delay of the case by the court of first instance.

Who can file an appeal with the court of appeal?

The following entities are entitled to file an appeal:
Parties to the case, as well as persons who did not participate in the case, if the court has decided on their rights, freedoms, interests and/or obligations.

Not all lawyers have the ability to file an appeal.

The applicant must provide the following information in his/her application:

• name of the court
• information about himself and other persons;
• name of the local court that issued the decision under appeal;
• requirements of the complainant;
• list of attachments.

Grounds for filing an appeal:

• the judge misinterpreted or applied an article of law;
• the judge unreasonably failed to take into account evidence;
• the court's conclusions do not correspond to the circumstances of the case.

Take legal assistance in drafting an appeal. Contact RegService specialists as soon as possible without wasting precious time. Often, filing an appeal can completely change the course of the case and turn it in your favor. Are you sure you are right? File a complaint with the court of appeal. Our lawyers know how to properly state the circumstances of the case and enlist the support of their client in the court of appeal.

Get a consultation:

• by phone
• by e-mail;
• via online chat in the lower right corner of the website window.

You may also be interested in:

• Preparation of a statement of claim in court, objections in a civil case
• Preparation of a counterclaim in a civil case
• Representation in a civil case in the court of first instance
• Preparation of a cassation appeal, objections in a civil case
• Representation in court in civil cases

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