Additional appeal

What is an additional complaint and what problems does it solve?

An additional or clarified appeal is a procedural document that is drawn up and filed in the same manner as the main complaint. Since procedural legislation does not regulate this issue separately, it is necessary to rely on established judicial practice.

The need to supplement the appeal may be objective. For example, new circumstances have emerged that are not reflected in the complaint. Or you need to clarify the requirements and (or) justification. The decision to file an additional complaint may be influenced by the feedback provided by the other party, to which you must provide your assessments and counter-arguments.

However, often the division of an appeal into a main and an additional one is a predetermined action plan. Initially, only the formal requirements for the complaint are met, where the main task is to meet the deadline and get the complaint accepted for processing. At the second stage, an additional complaint is carefully prepared, which sets out the position in detail, and most importantly, all the arguments and evidence are presented in detail. In essence, this approach allows the complaint to be well processed under the conditions of a limited appeal period. It also allows you to “test” the position of the other party to the case - see how it will react to the very fact of the appeal and what it will indicate in its response to the complaint. Often the opponent is simply put in an awkward position - he is not given the opportunity to thoroughly prepare for the process.

How to attach written explanations to a civil appeal case?

Is it necessary to write a separate document, a petition for the inclusion of written explanations in the appeal case regarding the deprivation of parental rights?

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Hello Vlada! Article 35. Rights and obligations of persons participating in the case 1.

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

Persons participating in the case have the right to familiarize themselves with the case materials, make extracts from them, make copies, file challenges, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts

When considering an appeal, can I submit written explanations with documents attached?

The notification was not sent to the legal address (there is no evidence of sending in the case materials).

In this regard, the debtor (B) did not receive evidence of the transfer of rights of claim to the new creditor (A). This fact is confirmed not only by the inventory of the attachment with a postal mark, but also by the official correspondence of the parties, in particular by the objection to claim A ref. No. 243 dated May 28, 2009.

In accordance with Article 385 of the Civil Code of the Russian Federation

the debtor
has the right not to fulfill the obligation
to the new creditor
until he is provided with evidence of the transfer of the claim to this person.
A creditor who has assigned a claim to another person is obliged to transfer to him documents certifying the right of claim and provide information relevant to the implementation of the claim.

This is important to know: How to appeal an appeal against a court decision on a loan

Deadlines for filing an amendment to the complaint

Since procedural legislation does not divide the appeal into a main and an additional one, you need to be guided by the deadlines established for the appeal as a whole.

In arbitration proceedings , in administrative cases and civil cases, the period for appeal is 30 days (month). It is considered from the moment the appealed decision is made in final form, unless other deadlines and the procedure for their calculation are established for certain decisions. In a criminal case, the terms are much shorter - only 10 days.

If submission deadlines are missed, they can be restored. To do this, it is necessary to include in the text of the complaint a request for restoration of the deadline and provide valid reasons for the delay. This rule applies only to the main (first) complaint. If the request is not included, the complaint will be rejected (not accepted for consideration), which means that the planned addition will lose all meaning.

The established time limits apply to the filing of the main complaint. It must be sent to the court that made the appealed decision for subsequent forwarding to the court of appeal.

Until the deadline for appeal has expired, the court will not forward the complaint to the appellate instance. It is during this period that, as a rule, an additional complaint is filed. Whether it is possible to send an addition later, when the case has already been submitted to appeal, is a moot point. Since procedural legislation says nothing about this, we can only rely on the appellate court and its position. Some judges believe that the addition can be accepted until a specific date has been set for the hearing to consider the appeal or 5 days before this date. But some are guided by the appeal deadlines and believe that an addition can only be filed before they expire. That is why it is advisable to be guided by the deadlines for appealing, and not count on the leniency of the appellate court or whether it has its own opinion on this issue.

How to submit an addition to an appeal against a court decision of the Civil Procedure Code of the Russian Federation

The court has the right to refuse to accept this application if it is unfounded. This type includes:

Additions containing information that contradicts the originally submitted appeal.
In time before the trial, it was established that the act did not correspond to the real events.
The request to assign liability does not comply with the law and is overstated.
The deadline for submitting clarification has been missed (the pre-trial investigation will not have time to verify the authenticity of the document and information).

Code of Civil Procedure of the Russian Federation, and not for leaving without consideration on the merits. Reference in the contested judicial act dated September 30, 2015 to the provisions of paragraph 40 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012.

It is advisable to send reasoned objections to the appeal to the court. Good luck! ——————————————————————— Lawyer’s answer to the question: a revised appeal must be sent, if not sent, you can familiarize yourself with it in court. Based on what you wrote, the initial complaint was filed on time.

This is important to know: Refusal of a claim in civil proceedings and its consequences

New demands that were not the subject of consideration in the court of first instance are not accepted and are not considered by the court of appeal. Write if you have any questions.

However, the court did not take into account the fact that when selling air tickets for these flights, JSC »» had to be aware that it would not be able to provide this service.

An appeal is filed if there is disagreement with the court decision. May be filed against decisions of any courts considered at first instance.

Natalia. We lost the case to invalidate the will, filed an appeal, and the trial date has already been set. Sample statements of claim, civil appeals, labor appeals, Sample additions, at such a time, you must try to distinguish clear signals from background noise. Lawyer. Submit a petition to the court of second instance to question witnesses.

An appeal is drawn up after receiving and studying a reasoned court decision. This will allow you to understand the logic of the court when making a decision, evaluate its arguments and criticize the circumstances established by the court. Without a reasoned decision, the appeal will be superficial and meaningless.

Making an additional complaint

The addition to the appeal is drawn up identically to the main complaint. In practice, the first complaint is taken as a basis: something is completely copied, something is supplemented and clarified. All legal requirements for the form and content of the appeal must be complied with. That is, you cannot simply prepare a letter, petition and statement - everything must be done as in the case of the first complaint.

Important:

Requirements that were not stated during the consideration of the case in the first instance cannot be included in the text.
You can point to new circumstances, evidence, bring new arguments, but you need to justify why it was not possible to present evidence in the first trial.
The supplement must be treated with the utmost responsibility. If the court accepts an additional complaint, then it will consider the position and arguments stated in it to be the main ones.

How to write an addition to an appeal:

Determine what you want to clarify, add or change in the main complaint.
Rewrite the main complaint, taking into account the necessary adjustments and additions, or compose the complaint again if the volume of changes is large.

The addition should concern only the content - position, arguments, evidence, references to laws. All procedural formalities remain unchanged.

How to send an addendum to a complaint

There are some specifics in this regard:

An additional complaint and annexes to it are prepared in quantity according to the number of participants in the process + a copy for the court.
Depending on the type of process, copies of materials are sent by the person filing the complaint (directed, handed over) to other participants in the process independently or transferred to the court, which itself resolves this task.
If the materials on the main complaint are still in the first instance, then the addition is sent here, but if they have already gone to the appellate instance, it is advisable to send them directly to the appeal.

The supplement is submitted to the court in person, sent by mail, courier or electronically - everything is as usual.

Sample addition to the appeal

It is worth keeping in mind that, unlike an appeal and cassation complaint, a supervisory complaint can be filed not only by people who were directly involved in the case, but also by other persons if their rights and legitimate interests were violated by the appealed court decisions.

Expert opinion

The appeal is signed by the person filing the complaint or his representative. The complaint filed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative, if there is no such authority in the case.

If the plaintiff’s refusal of the claim, the recognition of the claim by the defendant, the terms of the settlement agreement between the parties were stated at the court hearing, such refusal, recognition, conditions are entered into the minutes of the court session and signed accordingly by the plaintiff, the defendant, and the parties to the settlement agreement.