Legal advice

I’m not satisfied with judgment of the court regarding the recovery of losses. How to file for an appeal?

27.01.2010 Dmitrijs Sustovs, head of the Litigation department of the Law

The judgment of the court of first instance may be appealed in the higher court with an appellate complaint. An appellate complaint shall be submitted within 20 days from the date of pronouncement of the judgment. If an abridged judgment has been pronounced at a court sitting, the time period for appeal shall be calculated from the date, which the court has announced for drawing up of a full judgment. An appellate complaint shall contain the following information: the court which rendered the judgment, the extent to which the judgment is being appealed, how the error in the judgment is manifested, etc. The complaint shall be addressed to the appellate instance court, but shall be submitted to the court which rendered the judgment. The State fee for an appeal is 50 per cent of the rate calculated in accordance with the disputed amount. 

The court may leave an appellate complaint not proceeded with and set a time period to rectify deficiencies, if the State fee has not been paid or the complaint doesn’t contain all the required particulars or the complaint is not accompanied by all required true copies. If the deficiencies are rectified within the time period set, the appellate complaint shall be deemed to have been submitted on the date when it was first submitted. Otherwise, the complaint shall be returned to the submitter.

Recent News