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Response to the cassation appeal
A response to a cassation appeal is another procedural right of a party to support the due process of the case. The party to the case states his objections to the cassation appeal and files them within the time limit prescribed by law. The Court of Cassation considers the case in cases where the court in the appeal violated the substantive and procedural rules of law, did not take into account the practice of the Supreme Court, therefore, the response to the cassation appeal should take into account only these points. More details on how to prepare a response to a cassation appeal and how we can help are in the article below.
In what case is a response to a cassation appeal prepared?
The response to the cassation appeal is prepared after the cassation proceedings are opened. Although the submission of a response is the right, not the obligation of the party to the case, its preparation is critically necessary in cases where the party has won the case on appeal and seeks to avoid its cancellation; the opponent refers to the legal positions of the Supreme Court that are not relevant to the case. The cassation operates exclusively as a “court of law”, and therefore new evidence will not be subject to examination here. It is another matter when there is a chance to point out to the court the procedural manipulations of the other party in the case.
When can a response to a cassation appeal be refused?
Refusal to accept a response in a commercial process occurs less frequently, but it has critical consequences. Below are the main reasons why the Supreme Court may not consider a document:
- violation of the deadlines for submission (without good reason);
- lack of evidence of sending copies of the response to other participants in the case;
- lack of authority to sign the response in the person of the complainant;
- failure to pay the court fee (except for cases established in the Law of Ukraine “On Court Fees”);
- violation of the form and content of the document.
How to prepare a response to a cassation appeal?
The preparation of the response should be concise and technically flawless. Taking into account the current national legislation, the specified document should contain the following blocks of information:
- details (introductory part) – name of the court, complainant, identification of participants;
- legal position (main part) – objection to the cassation appeal, request to perform certain actions (if any), list of annexes to the appeal;
- statement of the request to the court (final part) – description of the requirements for the cancellation of the previous decision, adoption
- of a new one, recognition of the positions in the cassation appeal as invalid, etc.
It is worth emphasizing that the appeal is filed strictly within the period established by the court in the ruling when the cassation proceedings are opened. It would be correct to additionally submit to this document confirmation of the authority of the signatory (in particular, for a lawyer – this is a warrant), a receipt for payment of the court fee.
Within what period should a response to the cassation appeal be submitted to the court?
Unlike an appeal, where the deadline is clearly prescribed by law, in cassation proceedings the deadline for filing a response is determined by the court. The judge-rapporteur of the Supreme Court, in his ruling on the opening of proceedings, usually grants 10 to 15 days from the date of delivery of the ruling to file any objections to the complaint. The countdown begins on the day following the delivery of the relevant court decision.
How can a cassation litigation lawyer help you?
The Supreme Court does not accept all complaints at once. Most of them are eliminated at the stage of opening cassation proceedings, in particular due to typical errors. A litigation lawyer from the law firm “Prikhodko & Partners” finds grounds for an appeal, analyzes all chances of success and offers the client the most effective position and course of action. Thanks to his experience and qualifications, our lawyer will be able to:
- provide an introductory consultation;
- analyze judicial practice in similar cases;
- write a response and other procedural documents (petitions);
- correct errors in already submitted documents if the court left them without action;
- request documents from state authorities and local self-government bodies for the case (if necessary);
- achieve a renewal of the appeal deadline (if the participant has good reasons);
- present the participant’s legal position during court hearings;
- monitor the implementation of the decision of the cassation court;
- provide further support during the review of the case in the court of first or second instance.
To summarize, a response to a cassation appeal is a strategic tool of defense. Its effectiveness depends on the accuracy of the legal argumentation, not on the evidence. The submission of the specified document must be strictly within the time limit specified by the court in the ruling on the opening of cassation proceedings. The content of the response should be focused on refuting the opponent’s arguments, proving the relevance of the applied practice of the Supreme Court. Involving an experienced lawyer will allow you to competently draft a response, analyze judicial practice and ensure professional representation of your interests in court.
To receive a consultation and find out the cost of preparing a response to a cassation appeal from our side – please fill out the form below.
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