The petition for the return of the appeal sample. Private complaint against the ruling on the return of the appeal. How to draw up and submit a petition to the court to return an appeal

You can terminate the procedure for appealing against a court decision by filing a motion to return the appeal.

The reasons for returning the complaint can be any, concerning its content, the applicant's personality, the prevailing life circumstances. Moreover, the indication of such reasons in the text of the request for return is not necessary, because according to the rules of Art. 324 of the Code of Civil Procedure of the Russian Federation, the court is obliged to return the complaint upon receipt of such an application. The only condition is that the case should not be sent to the court of appeal for consideration.

Request to return an appeal

By the decision of Kirovsky district court Kemerovo on September 15, 2016, at the claim of Gennady Viktorovich Martynenko against Rassvet LLC for compensation for harm to health caused by a source of increased danger belonging to the Respondent on the right of ownership, the claims were partially satisfied. The court decision was made in full on September 19, 2016, did not enter into legal force... In accordance with the court's decision, at a claim price of 75,000, 56,000 are subject to compensation from the Respondent, the claim for compensation moral harm also partially satisfied - 50,000 rubles. from 600,000 rubles.

09/25/2016 directed at the above court decision on the basis of paragraphs. 3 parts 1 tbsp. 330 Code of Civil Procedure of the Russian Federation. The case was not sent to the court of appeal, the term appeal expires 19.10.2016

Based on the foregoing, guided by Part 2 of Art. 324 Code of Civil Procedure of the Russian Federation,

1. Return the appeal of September 25, 2016 against the decision of the Kirovsky District Court of the city of Kemerovo in case No. 2-189 / 2016 on compensation for harm to health

How to draw up and submit a petition to the court to return an appeal

The petition for the return of the appeal is made in writing by the person who filed the appeal. If the case is being conducted by a representative, then the right to ask the court to return the appeal must be expressly provided for in the power of attorney.

The document is addressed to the court of first instance, because the appeal must be filed through this court. And even if the complaint itself is sent directly to the appellate court, which will request the case after the expiration of the appeal period, the petition to return the appeal is addressed to the first instance court - which considered the case and made a decision.

In the text of the application, it is necessary to indicate information about the applicant, his procedural status in business. Indicate the case number, the nature of the claim and summary (the outcome of) the judgment rendered when the appeal was filed.

The reasons why the complainant is requesting the return of the complaint are optional. A petition is submitted through the registry of the court of first instance (you can also send it by mail, but then for preparation new complaint there may not be enough time left).

Consideration of a petition to return an appeal

If the case has already been sent to the court of appeal by the time the petition is received, the court will refuse to return the complaint and satisfy the corresponding petition.

In this case, it is possible to terminate the consideration of the appeal only by choosing another method - by filing an application for waiver of the appeal, etc. These documents must go directly to the court of appeal in writing... However, they entail completely different consequences - the applicant will not be able to re-appeal with the appeal. And if the appeal is returned, then before the expiration of the appeal period, you can send a new revised appeal. After all, the court in the appeal considers the case exclusively within the framework of the arguments set out in the complaint, and strong arguments are needed to satisfy.

The application for the return of the appeal is considered by the court alone, without notifying the other participants in the case. Based on the results of the consideration of the petition, it is issued on the return of the appeal upon receipt of the petition, as well as in the case when the complaint was left without progress to eliminate the shortcomings.

Samples on the topic: Justice. Petition

Request to return an appeal

According to paragraph 4 of Part 1 of Art. 264 Arbitration procedural code Russian Federation The arbitration court of the appellate instance shall return the appeal if, when considering the issue of accepting the appeal for proceedings, it establishes that, prior to the issuance of a ruling on the acceptance of the appeal for the court proceedings, the person who filed the appeal has received a request for its return.

Based on the foregoing and guided by paragraph 4 of Part 1 of Art. 264 of the Arbitration Procedure Code of the Russian Federation, I apply:

on the return of the appeal from "___" ________ ____ against the Decision _______________ of the arbitration court from "___" ________ ____ in case No. _____.

Application:

1. Power of attorney of the representative from "___" ________ ____, N ___ (if the application is signed by the representative of the applicant).

& lt1 & gt About the arbitration courts operating in the Russian Federation courts of appeal see paragraph 2 of Art. 33.1 of the Federal Constitutional Law of 28.04.1995 N 1-FKZ "On Arbitration Courts in the Russian Federation".

Ancillary complaint against a ruling on the return of an appeal

Private complaint against the ruling on the return of the appeal. The father filed a statement of claim so that the child would stay with him. The mother filed a counterclaim for the recovery of alimony and that the child would stay with her. The court ruled in favor of the mother. The father disagrees with the decision of the court and appeals. The father's appeal was dismissed.

defendant: (full name) ___________________________

(the address)___________________________________

PRIVATE COMPLAINT

on the determination of ________________ of the district court of Moscow from __.__.____ on the return of the appeal

By the definition of __________________ of the district court of Moscow from __.__.____, the appeal of ________________________ against the decision of ________________ of the district court of Moscow from __.__.____ on the statement of claim ___________ to _____________ on determining the place of residence of the child with the father and on the contrary the claim of ____________ to ____________ for determining the place of residence of the child with the mother, collecting alimony, the obligation to transfer the child to the mother was returned to the applicant.

The specified definition was received by me on __.__.____ g. by mail, as evidenced by the corresponding mark on the envelope.

The reason for the return of the appeal, according to the court, was that the appeal was filed after the expiration of the appeal period on the basis of Art. 324 Code of Civil Procedure of the Russian Federation.

The court in its ruling refers to the fact that the appealed decision to refuse to satisfy the claims of ________ and to satisfy the counterclaims of _________ was made on __.__.____ in final form made on __.__.____ and the appeal was brought to court only on __.__.____ those. upon expiration of the time limit for appealing against the court decision.

In such circumstances, according to the court, the deadline for appeal was missed.

However, the conclusion of the court is erroneous and contradicts the norms of the current legislation, the ruling made excludes the possibility of further movement of the case, and therefore it must be canceled on the following grounds:

The decision of the ______________ district court of Moscow on the statement of claim __.__.____ to _____________ on the determination of the place of residence of the child with the father and on the counterclaim of ___________ to ______________ on the determination of the place of residence of the child with the mother, the recovery of alimony, the obligation to transfer the child to the mother was issued on __.__.____ but manufactured in final form not on __.__.____ g. as the court indicates, and __.__.____ g. then immediately, that is, on the same day received by me.

Based on Art. 199 of the Code of Civil Procedure of the Russian Federation, the court decision is made immediately after the proceedings. The drawing up of a reasoned court decision may be postponed for a period not exceeding five days from the date of the end of the proceedings, but the operative part of the decision must be announced by the court in the same court session, in which the proceedings ended. The announced operative part of the court decision must be signed by all judges and attached to the case.

The operative part of the court decision was announced by the court on __.__.____.

Contrary to current legislation the final court decision was not made by the court within the statutory timeframe.

In its ruling, the court refers to the fact that the decision was made in the final form __.__.____ g.

The said statement of the court is not true.

Starting from __.__.____ I contacted the staff of the Office on a daily basis by telephone civil affairs _________________________ of the District Court of Moscow in order to find out the date when I will be able to familiarize myself with the final form of the court decision.

According to the information provided to me daily by the staff of the Chancellery, the decision was not ready and was not submitted to the Chancellery.

There was no information about the readiness of the decision until __.__.____.

Lack of a manufactured solution __.__.____ also confirms and sent by me to the address _______________ of the district court __.___.____ g. a short appeal that was received by the court on __.__.____ however, no ruling by _________________ was made by the District Court.

Hence the question arises: if the final form of the court decision were made on __.__.____ g. as the court points out, why did I need __.__.____ g. file a short appeal?

The information that the solution was made and I have the opportunity to familiarize myself with it, I was only informed by telephone on __.__.____. after which I immediately went to the ___________________ District Court of Moscow.

However, upon receiving the court's decision, I was surprised to find that there was a note in the case file that the final form of the court's decision was made and received by the Office of the Civil Court on __.__.____.

This circumstance came as a complete surprise to me.

According to Art. 321 Code of Civil Procedure of the Russian Federation appeals, submissions are submitted through the court that made the decision. An appeal, a presentation, received directly at the appellate instance, are subject to referral to the court that issued the decision for further actions in accordance with the requirements of Article 325 of this Code. An appeal or presentation may be filed within a month from the date of the final court decision, unless other terms are established by this Code.

Since the court decision in the final form was made by the court and received by me only on __.__.____ g. then the appeal period must be calculated from __.__.____ g. not __.__.____ g. accordingly, the appeal was filed within the statutory deadline for appeal.

Thus, there are legal grounds for canceling the determination of the ___________________ District Court of Moscow from __.__.___.

On the basis of the above,-

ASK FOR COURT:

1. Determination of the ___________________ of the district court of Moscow from __.__.____ on the return to the plaintiff - _________________ of the appeal against the decision of the ______________ District Court of Moscow dated __.__.____ on the statement of claim ___________ to ____________ on determining the place of residence of the child with the father and on the counterclaim of ____________ to ____________ on determining the place of residence of the child with the mother, collecting alimony, the obligation to transfer the child to the mother - cancel.

2. To transfer the appeal to the Moscow City Court for acceptance for its proceedings and consideration on the merits.

An appeal against a ruling on the return of a statement of claim without consideration

APPEAL COMPLAINT

on the decision to return statement of claim without consideration

a claim was brought against for compensation for damage caused by default in the amount of rubles.

"" 2015, the Arbitration Court, as part of the presiding judge, issued a ruling on the return of the statement of claim without consideration on the grounds of violation of the requirements of Art. Art. 91 and 108 of the APC RF.

In its ruling, the court indicated that the plaintiff had not paid the state duty in the amount of rubles.

We believe that this definition is subject to cancellation on the following grounds. Part 3 of Art. 91 of the APC RF states that the issues of establishing the size state duty are resolved in accordance with federal law. At present, the issues of payment of the state duty are regulated by the Law of the Russian Federation "On State Duty" as amended Federal law RF of December 31, 1995 No. 226-FZ.

evidence of payment of the state fee in the amount of rubles was presented. That is, it was paid.

Thus, the total amount of the state duty payable in our claim is rubles, that is, this amount coincides with the amount of the state duty actually paid. Thus, the Arbitration Court ruled on the return of the statement of claim based on erroneous calculations. Based on the foregoing, guided by Art. 108 and 160 APC RF.

PLEASE:

1. Definition Arbitration court Novosibirsk region from "" 2015 on the return of the statement of claim in case No. cancel.
2. The statement of claim and the materials attached to it should be sent to the court of first instance for consideration on the merits.

1. Payment order for payment of state duty
2. Receipts for sending a copy of the statement of claim and other documents to the defendant
3. A copy of a bill series. No. with a protest made by a notary Mr.
4. A copy of the bill protesting a bill in default
5. Calculation of debt to a simple interest bill series. No. as of "" 2015.
6. A copy of the ruling on the return of the statement of claim without consideration from "" 2015.
7. A receipt for sending a copy of the appeal to the defendant.

Sample Request for the return of an appeal, how to write + example

Explanatory note to the petition to return the appeal

Petition - an official request or presentation addressed to the state authorities of a higher instance can be considered as one of the forms of citizens' appeal (along with statements, petitions). In legal proceedings, a petition is understood as an official request of a participant in the process to perform procedural actions or to make decisions, addressed to the body of inquiry, investigator, prosecutor, judge or court. For more information on where to start and how to write an appeal, see the Method for writing an appeal.

The right to file a motion is granted to the plaintiff, the defendant, third parties, the applicant and other participants in the process, their representatives, the prosecutor, authorized bodies government controlled, trade unions, other organizations, as well as individual citizens who have applied to court for the protection of the rights and legally protected interests of others - in civil procedure (in criminal proceedings - to the suspect, the accused, their legal representatives, the defender, the victim, the civil plaintiff, the civil defendant, their representatives, the prosecutor, the public prosecutor (public defender).

Any petition to appeal against sentences, decisions, rulings and court orders that have entered into legal force may be filed by anyone natural person or organization. Convicted persons have the right to apply for clemency. Such a petition may also be filed in relation to positively characterized convicted persons by the administration. correctional institution... Petition is one of the forms of appeal to Constitutional Court RF, along with a request and a complaint. At the request of the subjects authorized by the Constitution of the Russian Federation, the Constitutional Court considers disputes about competence. In addition, the participants constitutional process can apply for various procedural actions. In the form of a petition, insolvency (bankruptcy) proceedings are initiated in an arbitration court. When considering cases about administrative offenses the right to file a petition is vested in a person involved in administrative responsibility victim, lawyer, expert.

An appeal is procedural document, which is addressed to a higher court, for a new consideration of the decision of the arbitration court of first instance.

Persons who are directly involved in the case can exercise the right to file an appeal, namely applicants and interested parties, third parties, the prosecutor, authorities local government, state bodies etc. This right can also be exercised by persons who do not participate in the case, but in respect of whose rights the arbitration court made a decision, as well as other persons on whom, for example, a court fine was imposed.

Proceedings in the Arbitration Court of Appeal

Sample Private Complaint against a Court Order

To the St. Petersburg City Court.

Address: 191028, St. Petersburg

The address: ________________

Defendant in case ________________

The address: _________________________

Interested persons: _________

On August 22, 2012, my representative by power of attorney, Sh., Signed and filed a statement of claim, with a copy of the power of attorney certified by a notary and documents according to the number of persons participating in the case.

On August 26, 2012, the judge of the Krasnogvardeisky District Court of St. Petersburg E. (case file M-00000/0000) issued a ruling to return the statement of claim, since it was filed and signed by a person without authority.

I disagree with the above definition for the following reasons.

The statement of claim was filed by my representative under the power of attorney Ш, in the power of attorney issued to my representative all rights are indicated, including the right to sign the statement of claim in particular.

Also, if, when filing a statement of claim, my representative would not have the authority. then in the reception office of the court he would not have accepted his documents, just as if there was no signature in the statement of claim. And since the documents were submitted, they were checked by the assistant. accepted and assigned to the judge, therefore, at the time of filing, my representative had powers.

In view of the above, it is clear that the court inattentively studied the materials of the case - a notarized copy of the power of attorney, and therefore the conclusions of the court do not correspond to the circumstances of the case, the circumstances to which the court refers in its determination are unfounded.

As stated in Art. 331 Code of Civil Procedure of the Russian Federation, rulings of the court of first instance. can be appealed in court cassation instance separately from the court's decision by the parties and other persons participating in the case (an ancillary complaint if the court's decision excludes the possibility of further progress in the case.

Based on the foregoing, guided by Art. 331,332 Code of Civil Procedure of the Russian Federation

The ruling of the Krasnogvardeisky District Court of St. Petersburg, rendered by Judge E. on August 26, 2011, on the return of the statement of claim to be canceled.

2012 With respect.____________

A private complaint is not subject to a state duty.

The ruling of the court of appeal, rendered on the basis of an ancillary complaint, comes into force from the date of its issuance.

Private complaint against the ruling on the return of the appeal. The father filed a statement of claim so that the child would stay with him. The mother filed a counterclaim for the recovery of alimony and that the child would stay with her. The court ruled in favor of the mother. The father disagrees with the decision of the court and appeals. The father's appeal was dismissed.

To the Moscow City Court
Moscow, Bogorodsky Val, 8.

from the plaintiff: (full name) _____________________________

defendant: (full name) ___________________________
(the address)___________________________________

PRIVATE COMPLAINT
on the determination of ________________ of the district court of Moscow from __.__.____ on the return of the appeal

By the definition of __________________ of the district court of Moscow from __.__.____, the appeal of ________________________ against the decision of ________________ of the district court of Moscow from __.__.____ on the statement of claim ___________ to _____________ on determining the place of residence of the child with the father and on the contrary the claim of ____________ to ____________ for determining the place of residence of the child with the mother, collecting alimony, the obligation to transfer the child to the mother was returned to the applicant.
The specified definition was received by me on __.__.____, by mail, as evidenced by the corresponding mark on the envelope.
The reason for the return of the appeal, according to the court, was that the appeal was filed after the expiration of the appeal period on the basis of Art. 324 Code of Civil Procedure of the Russian Federation.
The court in its ruling refers to the fact that the appealed decision to refuse to satisfy the claims of ________ and to satisfy the counterclaims of _________ was made on __.__.____, the final form was made on __.__.____, and the appeal was filed in court only __.__.____ g., i.e. upon expiration of the time limit for appealing against the court decision.
In such circumstances, according to the court, the deadline for appeal was missed.
However, the conclusion of the court is erroneous and contradicts the norms of the current legislation, the ruling made excludes the possibility of further movement of the case, and therefore it must be canceled on the following grounds:
The decision of the ______________ district court of Moscow on the statement of claim __.__.____ to _____________ on the determination of the place of residence of the child with the father and on the counterclaim of ___________ to ______________ on the determination of the place of residence of the child with the mother, the recovery of alimony, the obligation to transfer the child to the mother was issued on __.__.____ g., and made in the final form not __.__.____ g ... as the court indicates, and __.__.____ g. then immediately, that is, on the same day received by me.
Based on Art. 199 of the Code of Civil Procedure of the Russian Federation, the court decision is made immediately after the proceedings. The drawing up of a reasoned court decision may be postponed for a period not exceeding five days from the date of the end of the proceedings, but the court must announce the operative part of the decision in the same court session in which the proceedings of the case ended. The announced operative part of the court decision must be signed by all judges and attached to the case.
The operative part of the court decision was announced by the court on __.__.____.
Contrary to the current legislation, the final form of the court decision was not made by the court within the time frame established by law.
In its ruling, the court refers to the fact that the decision was made in the final form __.__.____ g.
The said statement of the court is not true.
Starting from __.__.____ I contacted the staff of the Civil Affairs Office of the _________________________ District Court of Moscow every day by telephone in order to find out the date when I would be able to familiarize myself with the final form of the court's decision.
According to the information provided to me daily by the staff of the Chancellery, the decision was not ready and was not submitted to the Chancellery.
There was no information about the readiness of the decision until __.__.____.
Lack of a manufactured solution __.__.____ also confirms and sent by me to the _______________ district court __.___.____ g. a brief appeal, which was received by the court on __.__.____, but no determination was made by the _________________ by the district court.
Hence the question arises: if the final form of the court decision were made on __.__.____ g. as the court points out, why did I need __.__.____ g. file a short appeal?
The information that the decision was made and I have the opportunity to familiarize myself with it, I was only informed by telephone on __.__.____, after which I immediately went to the ___________________ District Court of Moscow.
However, upon receiving the court's decision, I was surprised to find that there was a note in the case file that the final form of the court's decision was made and received by the Office of the Civil Court on __.__.____.
This circumstance came as a complete surprise to me.
According to Art. 321 Code of Civil Procedure of the Russian Federation appeals, submissions are submitted through the court that made the decision. An appeal, a presentation, received directly at the appellate instance, are subject to referral to the court that issued the decision for further actions in accordance with the requirements of Article 325 of this Code. An appeal or presentation may be filed within a month from the date of the final court decision, unless other terms are established by this Code.
Since the court decision in the final form was made by the court and received by me only on __.__.____, then the appeal period must be calculated from __.__.____, and not __.__.____, respectively, the appeal was filed in the established law time limit for appeal.
Thus, there are legal grounds for canceling the determination of the ___________________ District Court of Moscow from __.__.___.

On the basis of the above,-

ASK FOR COURT:

1. Determination of the ___________________ of the district court of Moscow from __.__.____ on the return to the plaintiff - _________________ of the appeal against the decision of the ______________ District Court of Moscow dated __.__.____ on the statement of claim ___________ to ____________ on determining the place of residence of the child with the father and on the counterclaim of ____________ to ____________ on determining the place of residence of the child with the mother, collecting alimony, the obligation to transfer the child to the mother - cancel.
2. To transfer the appeal to the Moscow City Court for acceptance for its proceedings and consideration on the merits.

Applications:
1. A copy of the private complaint;
2. A copy of the ruling of the ____________________ District Court of Moscow dated __.__.____

Representative _____________________

(FULL NAME)_____________

to whom



from

APPEAL COMPLAINT

A claim was brought against for compensation for damage caused by default in the amount of rubles.

"" In 2020, the Arbitration Court, as part of the presiding judge, issued a ruling on the return of the statement of claim without consideration on the grounds of violation of the requirements of Art. Art. 91 and 108 of the APC RF.

In its ruling, the court indicated that the plaintiff had not paid the state duty in the amount of rubles.

We believe that this definition is subject to cancellation on the following grounds. Part 3 of Art. 91 of the Arbitration Procedure Code of the Russian Federation states that the issues of establishing the size of the state duty are decided in accordance with federal law. At present, the issues of payment of the state duty are regulated by the Law of the Russian Federation "On State Duty" as amended by the Federal Law of the Russian Federation of December 31, 1995 No. 226-FZ.

Evidence of payment of the state fee in the amount of rubles was presented. That is, it was paid.

Thus, the total amount of the state duty to be paid under our claim is rubles, that is, this amount coincides with the amount of the state duty actually paid. Thus, the Arbitration Court ruled to return the statement of claim based on erroneous calculations. Based on the foregoing, guided by Art. 108 and 160 APC RF.

PLEASE:

1. The determination of the Arbitration Court of the Novosibirsk Region from "" 2020 on the return of the statement of claim in case No. cancel.
2. The statement of claim and the materials attached to it should be sent to the court of first instance for consideration on the merits.

Application:

1. Payment order for payment of state duty;
2. Receipt for sending a copy of the statement of claim and other documents to the defendant;
3. A copy of a bill of exchange series:, No. with a protest made by a notary;
4. A copy of the bill of exchange protest against default;
5. Calculation of debt to a simple interest bill series:, No. as of "" 2020.
6. A copy of the ruling on the return of the statement of claim without consideration from "" 2020.
7. A receipt for sending a copy of the appeal to the defendant.