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What are the terms of consideration of civil cases? Article 154 of the Code of Civil Procedure of the Russian Federation

As a general rule, the time for consideration of civil cases by courts of general jurisdiction should not be more than two months from the date of receipt of the relevant application. There are also exceptions here. For example, cases of reinstatement at the workplace and demand for alimony must be considered no later than a month.

Period of time

For a faster and more detailed resolution of the issue on the application of the CCP submitted to the court, there are certain periods for consideration of the civil case, which, in turn, depend on the very content of the claim.

This period of time is not unchanged, because, depending on the complexity of the resolution of the case, the judge may increase the time limit for its resolution. Moreover, this applies to those cases when the plaintiff increases or changes his requirements. In addition, additional time is necessary for the court to examine in detail the evidence provided by the parties and the testimony of witnesses. Nevertheless, the terms of consideration of a civil case must not go beyond the limits established by law, unless, of course, the CCP of the Russian Federation provides otherwise. Therefore, the total time period here is up to two months. This is enough to carefully study all documents and accept the application for production.

However, the time for consideration of a civil case by a justice of the peace is limited to only one month. The same rule applies to the resolution of issues related to reinstatement in the workplace in a position and the recovery of alimony.

In shortened terms

Each application submitted to the judicial authority is considered and accepted for production only after a certain time period necessary for its detailed study. If the document is issued correctly, it will be accepted for production without returning to the plaintiff.

The timing of the consideration of civil cases in court is prescribed in the CCP, which states that it takes not more than one month to resolve issues related to recovery and recovery of alimony. The same rule applies to magistrates who review and resolve civil cases no later than the specified time from the moment of acceptance of the application to production. There are also exceptions. The time for consideration of a civil case in a district court is up to two months. Nevertheless, the period of time for resolving disputes that have arisen from public relations has certain limitations.

So, applications for challenging normative acts should be considered within one month, and complaints about actions of officials - for ten days. Questions on cases of compulsory hospitalization of a person in a psychiatric hospital should be resolved no later than one week after the initiation of a civil case. An application from a doctor of this institution for the examination of a person shall be examined for no more than three days from the time it was received by the judicial authority.

A complaint

This right of citizens can not be limited in their content. The complaint is filed by the person who considers his rights violated, the actions of authorities or officials are illegal or illegal. This document can also be submitted to the chairman of the court, if the terms of consideration and resolution of civil cases are intentionally delayed for unexplained reasons. In this case, it is necessary to indicate violations of the law.

If the question concerns the consideration of an application in a civil case, special attention should be paid to the dates specified in the CCP. The better the complaint is written, the sooner the court will resolve the contentious issue. Also in practice, there are cases when the case is postponed due to insufficient information or documents. Therefore, before filing a complaint with a higher authority, you first need to find out the reasons for delaying the settlement of the disputed issue from the judge who is engaged in this production.

Appeal of a citizen can be connected not only with personal interests, but also with public interests. This happens in the case when a large enterprise stops work, wages are not paid.

In the event that a complaint is received by a higher authority, the terms for considering a civil case, if for some reason they were prolonged by the court, begin to be complied with in accordance with the norms established by the CCP.

Appeal

In the event that the plaintiff or the defendant did not approve the decision on the case, they are entitled to appeal against him within 10 days to a higher authority. The decision of a justice of the peace can be appealed only in the district body of the judiciary. As the art. 372.2 CCP, the term of appeal on civil cases is up to two months. In practice, everything happens much faster. The decision of the district court is always appealed in the regional court. The timing here is the same as those stipulated by the CCP.

In the event that consideration of the appeal in higher instance is delayed, it is possible to apply to this body with a corresponding statement, in which to voice its request for a faster resolution of the matter.

As a rule, an appeal is made through the judicial body that issued the ruling or decision on a civil case, after which the appeal is sent to a higher authority.

Order

This complaint is sent only through the court that issued the decision. Therefore, it is not necessary to carry it on its own or through the services of a representative to a higher authority, because it will return back. An appeal is lodged against a court decision that has not entered into force. For this purpose, according to the law, a period of ten days is given. If it is missed for valid reasons, it can then be restored and filed a complaint. Although this is quite problematic. The time for consideration of an appellate complaint in a civil case is two months. In practice, everything happens much earlier. All participants in civil proceedings can lodge an appeal. It does not need to attach copies of documents, because the higher authority will investigate the whole matter.

The main thing is to design everything correctly and without violating the legal norms. The correctness of the appeal is the guarantee of successful resolution of disputes on a civil suit in favor of the person who filed it. Therefore, many participants in the process prefer to use the help of qualified lawyers.

Cassation

An appellate ruling, which did not meet the applicant's expectations, may be appealed in a higher court. At the same time, the cassation is submitted already to the definitions that came into force. It is also necessary to observe the deadlines.

The cassation appeal does not investigate new evidence that was not taken into account earlier, it only checks the application of other items and articles of the CCP and other normative acts. After the entry into force of the appeal decision, the citizen has six months to review it. The complaint must be submitted only to the court that issued the relevant decision, after which he himself will redirect it to a higher authority. A public prosecutor can also bring an idea.

The time for consideration of a cassation appeal in a civil case is one month from the date of acceptance of the complaint in the judicial body, unless, of course, the case is not claimed. In this case, it does not take into account the time during which the materials will be delivered to a higher authority. If the case was requested from a lower judicial authority, the period for consideration is increased to two months.

Necessary information

When filing an appeal in cassation it is necessary to indicate the following:

  • All the data of the applicant, including his address, you can register the phone;
  • The name of the court in full;
  • The essence of the requirements, also with reference to the violation of legislative norms;
  • The number of the decision with which the citizen or his representative does not agree, as well as his date;
  • In detail and preferably on points to express their disagreement with the decision, because you can not be based only on your personal opinion (as stated by the CCP);
  • In the end, it is necessary to indicate all the requirements for the cancellation or revision of the court decision, to sign the process participant or his lawyer.

Grounds for changing the term

As the art. 154 ГПК, applications are considered by court in time not exceeding a couple of months from the moment of its receipt. This period can be changed if the case requires more detailed study. In addition, its consideration will be started again if:

  • There is a need to attract co-respondents;
  • Third parties enter the process;
  • Replacement of the improper participant in the proceedings;
  • Counterclaim.

If it so happens that the case has lain in court for a long time without any reasonable grounds, the parties concerned can write a statement on the acceleration of its resolution. We should also not forget that some issues should be resolved within a certain and even shortened time. Cases of reinstatement at the workplace and demand for alimony are considered no later than a month.

On protection of the rights of voters

These categories of civil cases are also considered in a shorter period. Otherwise it will be a violation of the law. At a time when elections, voting and election campaigns are taking place, these cases are resolved within five days.

General information

Terms that are provided by the CCP are not always respected in practice. There is this for various reasons. Sometimes courts do not have enough time to study in detail the application and the evidence submitted. Therefore, these authorities can establish them independently, but with due regard for reasonableness. For this reason, the consideration of cases can be delayed on quite legitimate grounds.

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