How to appeal a court decision?

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How to appeal a court decision?

A court decision is a procedural document that resolves issues that arise during court proceedings. In it, the court can decide on securing a claim, rejecting a claim, appointing an expertise, etc. The participants in the court process do not always agree with the court’s decision, set out in the decision. In such cases, the law gives them the right to appeal.

In what cases can the court decision be appealed?

It is possible to appeal the court decision in the following cases:

  • Inconsistency of the resolution with the norms of the current legislation. It may be:
  1. Incorrect application of substantive law (for example, incorrect interpretation of the law).
  2. Violation of procedural norms (for example, failure of the court to find out all the circumstances of the case).
  3. Inadequate substantiation of the court’s conclusions.
  • Groundlessness of the decision:
  1. It lacks motives that would confirm the court’s conclusions. The decision must contain a clear and logical justification of the decision made by the court, with reference to the relevant legal norms and established circumstances of the case.
  2. Incomplete investigation by the court of the circumstances of the case. The court must investigate all the circumstances of the case, which are important for its resolution, and give them an assessment.
  3. Incorrect evaluation of the evidence by the court. The court must evaluate all the evidence collected in the case from the point of view of their admissibility, reliability and sufficiency.
  • Non-compliance by the court with procedural norms when issuing a decision:
  1. Violation of jurisdiction rules. The case must be considered by the court to which it is subject.
  2. Improper notification of the case participants about the date, time and place of the case hearing.
  3. Failure to provide the participants in the case with an opportunity to express their opinion.
  4. Non-compliance by the court with other procedural norms that could affect the legality and validity of the decision.

It is important to note that not all court decisions can be appealed. There are exceptions when an appeal against a decision is not allowed. The list of such exceptions is given in Article 354 of the Civil Procedure Code of Ukraine.

Before appealing the court decision, it is recommended to:

  1. Consult a lawyer. It will help you determine whether there are grounds for appealing the decision, and what actions you need to take.
  2. Study the current legislation. This will help you to understand whether the court really violated the rules of law when issuing the decision.
  3. Collect all necessary documents. A copy of the contested decision, a copy of the appeal for other parties to the case, and evidence supporting your arguments must be attached to the appeal.

Appealing a court decision is a complex legal process that requires knowledge of current legislation and experience in conducting court cases. Contact a qualified lawyer who will help you competently and effectively challenge the court decision.

What exactly needs to be done to competently challenge the court decision?

The appeal of the court decision is carried out by filing an appeal.

The appeal must contain:

  • The name of the court to which the complaint is filed
  • Information about the contested decision
  • Information about the appellant and the complainant
  • Claims of the appellant
  • Justification of the appeal
  • List of documents attached to the complaint

The appeal is submitted during:

  • 15 days from the day the decision was promulgated, if it was not delivered to the parties to the case;
  • 15 days from the date of delivery of a copy of the decision to the participants in the case.

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Why is it important to contact a qualified lawyer?

Appealing a court decision is a complex legal process that requires knowledge of current legislation, experience in conducting court cases, as well as an understanding of court practice.

Contacting a qualified lawyer when appealing a court decision gives you a number of advantages:

  • Knowledge of legislation:
  1. The lawyer has in-depth knowledge of the current legislation, which will allow him to correctly determine whether there really are grounds for challenging the decision, and which legal norms have been violated by the court;
  2. A lawyer knows how to correctly interpret and apply legal norms in a specific situation.
  • Experience in conducting court cases. Lawyer:
  1. Has experience in conducting court cases, which will allow him to competently and effectively challenge the decision;
  2. Knows how to properly file an appeal, collect all the necessary documents;
  3. Knows how to behave properly in court.
  • Understanding case law:
  1. A lawyer knows how the courts usually decide such cases, which will allow him to predict the outcome of the appeal.
  2. A lawyer can use precedents (court decisions in similar cases) to justify his arguments.
  • Saving time and effort:
  1. A lawyer will undertake all the work of challenging the court decision, which will save you time and effort;
  2. You will not need to independently study the legislation, collect documents.
  • Increasing the chances of success:

The help of a qualified lawyer significantly increases the chances of successfully challenging the court decision.

Contacting a qualified lawyer is a smart decision that significantly increases the chances of successfully challenging a court decision. For consultation or calculation of the price of appealing a court decision – fill out the form below.

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Prykhodko Andrii
Managing partner

Lawyer, Doctor of Laws, recognized media expert on legal issues, legal adviser to famous politicians and businessmen.

Contact now
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