Home Wheels An example of an application for reinstatement of a missed deadline. Sample application for restoration of the deadline for filing an appeal. Valid reasons for missing a procedural deadline

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An example of an application for reinstatement of a missed deadline. Sample application for restoration of the deadline for filing an appeal. Valid reasons for missing a procedural deadline

In some cases, it becomes necessary to restore the missed deadline for filing an application with the court, for which a corresponding petition is drawn up. A sample document, reasons for reinstating deadlines and the procedure are all discussed in detail below.

Statements of claim in each case are filed within the established time frame. However, in some cases, the plaintiff does not have time to meet the specified interval for objective, valid reasons, so there is a need to extend the time. In various legal proceedings, such procedures are regulated by procedural codes - the relevant rules are described in the table.

In all cases, missed deadlines are subject to restoration only as a result of a court decision, for which a petition is filed. However, even this procedure has its limitations. For example, in civil proceedings this can be done within 1 year from the date on which the court decision was issued, which is intended to be challenged.

Generally, grounds are objective, valid reasons that are directly relevant to the plaintiff. That is, he needs to prove to the court a cause-and-effect relationship between certain difficult circumstances and the fact of a violation of the procedure. These reasons in most cases include:

serious illness of the plaintiff himself and/or his close relative (which resulted in the need for constant care for him);
helpless state, including those caused by illegal actions (forced detention);
emergency circumstances - fires, floods, other natural disasters, military actions, etc.

How to prove your position in court

It is necessary to understand that extending the time for filing an application is possible only as a result of proof and substantiation of your position. And the burden of proof lies solely with the plaintiff, because it is in his interests. Thus, simply filing a petition to restore missed deadlines will not be enough. It is important to take care of evidence - specific documents that substantiate the party’s position:

medical certificates that prove the serious (incurable, chronic) illness of the plaintiff and/or his close relative;
certificates from the police that confirm the effect of force majeure, emergency circumstances (attack, forcible detention, fire in an apartment, robbery, natural disaster, etc.);
Witness testimony serves as an additional evidentiary measure - usually they are given in cases where it is necessary to substantiate the fact of distress, a helpless state or a serious illness;
other evidence that may influence the court to make a positive decision.

It is better to take care to collect as many evidentiary documents as possible in the annex to the petition so that there is a greater chance of a positive decision.

Sample document

It is filled out in any form, and, like all applications to the court, must contain several mandatory sections:

The “header” always indicates the full name of the judicial authority to which the application is being submitted. The name can always be seen on the website or on the information board in the court itself.
The contact details of the court, as well as the postal address, are listed below.
The following is information about the parties to the process (plaintiff, defendant and, if necessary, third interested parties): full name, contact details, addresses.
Then the full official title of the document is written in the center, as shown below.
The text itself follows. First comes the narrative part, which substantiates the reason why the plaintiff (or other interested party) is asking the court to extend the time limit and provide an opportunity to file a statement. One or more reasons are selected - illness, emergency circumstances, etc. Here there is a reference to the corresponding norm in the law, depending on the branch of legal proceedings (criminal, arbitration or civil).
Next, you need to briefly state the request of the petition - i.e. actual restoration of missed deadlines.
At the end of the application, the appendices are described - the evidentiary documents that are attached to it. It is necessary to provide the name of the documents (for example, a medical certificate), indicate the date of their preparation, and the number of attached copies.

A sample document that you can take as a ready-made example and enter your information is presented below.

Regardless of the type of case being considered (criminal, administrative, arbitration, civil), as well as the amount of the claim or the basis for restoring the possibility of filing it, The application is not subject to state duty. Therefore, there is no need to mention the payment receipt among the attached documents.

Recovery procedure

In practice (and in accordance with procedural rules), the possibility of filing a claim in an old case looks like this:

First of all, you need to prepare the appropriate evidence base. In severe cases, when it is difficult to provide obvious evidence and we are talking about fairly large (in terms of amount) claims, it is advisable to contact professional lawyers who have extensive experience in handling such cases.
Then, along with the evidence, the plaintiff comes to the court that corresponds to his place of residence (and if this is not possible, he applies to the nearest authority) and submits a petition, which can be drawn up either on the spot or in advance.
From a representative of the court office, the citizen receives a receipt stating that the documents (petition and evidence in the form of originals or copies) were indeed received - the date, signature of the responsible person, transcript of the signature and position are indicated.
After this, the judicial authority makes a decision, of which the applicant must be notified (even if the decision is negative). This usually happens by telephone, and the corresponding notice in paper form is sent to the post office at the specified address by registered mail.
Next, the court sends written notices to all parties - plaintiff, defendant, interested parties (if any) about the fact of filing an application and the need to hold a court hearing. If a positive decision is made, the deadlines are canceled and the court hearing begins.

If the application is denied

If the requirements have not been met, it is worth trying to continue trying. You can act in two ways:

First of all, you can resubmit your application and try to attach additional evidence to better influence the judge’s decision.
If the court issues an unmotivated refusal (this happens extremely rarely), i.e. simply refuses to consider or makes a negative decision without justification, this is already a basis for a complaint about the unauthorized actions of the judge. In this case, a private complaint is filed to a higher judicial authority, and then another attempt is made to file a petition.

NOTE. It is also appropriate to file a complaint in cases where the untimely filing of a claim was associated with incompetent actions of the court. Such cases are discussed in more detail below.

If deadlines are violated due to the fault of the court

Cases often arise when filing a claim in a timely manner is impossible because the court has not fulfilled some of its obligations, for example:

a copy of the decision was not sent to the interested party;
the decision was sent to the wrong address due to the fault of the court (a mistake was made);
The court ruling was issued later than required (according to the norms, it must be created within 5 working days from the date of the decision).

Then the plaintiff must use additional evidence, for example, provide the date of the mail notification that a court letter has arrived. Or make a request to the post office where the letter was mistakenly delivered. The document issued by mail must contain information about the delivery date and the title of the letter.

A petition for restoration of a missed deadline is a way provided by law to obtain justice assistance in cases where the deadline for receiving this assistance has expired. In order for the petition to be approved, it is necessary to correctly draw up the document and understand in which cases the reasons for missed deadlines are regarded by the court as valid.

In what cases is it required

According to the law, any procedural action must be carried out within a certain time frame. Thus, the deadlines for filing a statement of claim or complaint are also regulated by civil procedural legislation.

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In fact, very often these deadlines can be violated by participants in legal proceedings, and for good reasons. It is for this purpose that the legislation provides for the possibility of restoring missed deadlines by filing an appropriate petition.

It is worth noting that when filing a petition, the applicant must complete a procedural action whose deadlines were missed (file a complaint, statement of claim, etc.). This obligation is regulated by the Arbitration Procedure Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation, and, accordingly.

Valid reasons for missing a procedural deadline

When determining the validity of the reason why a participant in the proceedings missed the established deadline, the court, as a rule, is guided by provisions on pass(). There are no other rules in the current legislation that would classify missed deadlines and oblige the court to make a particular decision.

Let's consider cases in which the court is most likely to grant a request to restore the term:

a serious health condition that prevents a person from participating in the trial (for example, when);
work circumstances, such as business travel;
legal illiteracy;
untimely provision of a court decision (in case of missing the deadline for appeal);
acts of force majeure (force majeure circumstances).

Due to the fault of the court

There are circumstances in which violation of the deadline for procedural actions occurs due to the fault of the judicial authorities:

the party to the proceedings was not properly notified of the place and date of the court hearing;
the court decision was not provided to a party to the case due to her residence in another city or constituent entity of the Russian Federation;
There was a delay in sending the court order.

In such cases, citizens must apply for:

issuing a copy of the protocol;
sending a copy of the decision;
sending a copy of the court ruling.

How to file a petition in court

A request to restore missed deadlines is addressed to the court, which notifies all participants in the process about the scheduled hearing. If duly notified persons fail to appear, consideration of the application will still take place.

Along with the application, the applicant submits a document whose submission deadline was missed. If the petition is approved, the document will be considered by the court, otherwise the applicant will.

Drawing up a petition for reinstatement of a missed deadline

There is no unified application form, but the success of its consideration depends on compliance with the following requirements:

A clear statement of the circumstances surrounding the omission of procedural actions.
Indication of links to regulatory legal acts, depending on the type of trial (trial, arbitration case or civil case).
Attachment of relevant evidence indicating a valid reason for absence (certificates from medical institutions, certificates from the employer, postal receipts, etc.).

The structure of the document should be as follows:

Details of the court considering the application. If the case is already being considered, it is necessary to indicate the case number and the judge in whose jurisdiction it is.
Information about the applicant (full name, address, telephone number).
The main part indicating the reasons for the omission and supporting documents.
Signature and date of compilation.

Sample application for restoration of a missed procedural deadline:
IN (Name) district (urban) court

(to the magistrate (Full Name) court district, district)

from (plaintiff, defendant, third party, interested party):

Full Name

(Name- for a legal entity),

registered at:

zip code and full address

(if necessary - address of actual residence,

contact number)

on case no.

according to the claim

To (Full Name)

(date the case was scheduled for hearing)

Court decision dated (day month Year) requirements in civil case No. (indicated according to the office register) according to the claim (application) (last name, first name, patronymic) To (Full Name) O (content of stated requirements) were satisfied (satisfaction denied).

I do not agree with the decision and intend to appeal it, but I missed the deadline established for the appeal for the following valid reasons: (staying in a medical hospital, business trip, other reasons).

Based on the above, in accordance with Art. 112 Code of Civil Procedure of the Russian Federation

I'll forgive you:

Restore the procedural deadline for me to file an appeal (cassation, supervisory) complaints (to perform another procedural action).
Date Signature

(for legal entities: name of the authorized person, seal of the organization, signature)
Application:

copies of the application according to the number of persons participating in the case;

(appeal (cassation) complaint with copies according to the number of persons involved in the case);

(receipt for payment of the state fee on the complaint (petition for exemption, installment plan, reduction of the state fee));

evidence supporting the claims.
Valid reasons are considered to be circumstances when the possibility of submitting documents within the prescribed period is objectively excluded. Example: hospitalization, business trip, late notification, etc.

Important: simultaneously with filing an application for restoration of the missed procedural period, the necessary procedural action must be completed (a complaint was filed, documents were presented), in respect of which the deadline has been missed.

A private complaint may be filed against a court ruling to restore or refuse to restore a missed procedural deadline.

All forms and forms on filling-form.ru

Article 112. Restoration of procedural deadlines

(as amended by Federal Law dated July 28, 2004 N 94-FZ)

(see text in previous)

1. Persons who missed the procedural deadline established by federal law for reasons recognized by the court as valid, the missed deadline may be restored.

2. An application for the restoration of a missed procedural period is submitted to the court in which the procedural action was to be performed and is considered at the court hearing. Unless otherwise provided by this Code, persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the resolution of the issue brought before the court.

(Part 2 ed.

Application for restoration of procedural time

(see text in previous)

3. Simultaneously with filing an application for restoration of a missed procedural deadline, the necessary procedural action must be taken (a complaint has been filed, documents submitted) in respect of which the deadline has been missed.

4. Application for restoration of the missed procedural deadline for filing a cassation appeal, presentation, respectively, to the presidium of the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court, established by part two of Article 376 of this Code, is submitted to the court that considered the case at first instance.

A missed procedural deadline for filing a cassation appeal or presentation to the judicial panel of the Supreme Court of the Russian Federation, established by part two of Article 376 of this Code, and a missed procedural deadline, established respectively by part two of Article 391.2 and part two of Article 391.11 of this Code, may be restored by a judge of the Supreme Court of the Russian Federation Federation.

A missed procedural deadline, established respectively by part two of Article 376, part two of Article 391.2 and part two of Article 391.11 of this Code, can be restored only in exceptional cases when the court recognizes valid reasons for missing it due to circumstances that objectively exclude the possibility of filing a cassation or supervisory appeal to established period (serious illness of the person filing the complaint, his helpless condition, etc.), and these circumstances occurred within a period no later than one year from the date the appealed court decision entered into legal force.

(part 4 ed.

Federal Law of July 29, 2017 N 260-FZ)

(see text in previous)

5. A court ruling to restore or refuse to restore a missed procedural deadline may be appealed.

(Part 5 as amended by Federal Law dated July 29, 2017 N 260-FZ)

(see text in previous)

Art. 112 Code of Civil Procedure of the Russian Federation. Restoration of procedural deadlines

The protection of civil rights and the implementation of almost any procedural action within the framework of consideration of claims are carried out within the time limits specified by law, therefore in this section of the site we will talk about restoring the time limit.

Renewal procedure

The restoration of deadlines occurs when a corresponding application (petition) is submitted to the court and is satisfied by the court. In this case, as a general rule, the restoration of the period must be carried out simultaneously with the action itself: filing a statement of claim when the limitation period has been missed with an application for restoration of the limitation period, etc.

An application to restore the deadline is always prepared in writing (you can also include such a requirement in the text of the main document) and is resolved by the court in a court hearing, taking into account the opinions of other participants in the proceedings.

If a person who has missed the deadline established for performing a certain action does not file an application to restore such a deadline, the court will refuse to consider the main document. Therefore, the website contains examples and procedures for drawing up and submitting applications for the restoration of deadlines, both established by the rules of substantive law and those established by the Code of Civil Procedure of the Russian Federation.

Restoration of the period established by the rules of substantive law

For the main types of civil claims, a party who considers his right to be violated may go to court within 3 years from the date on which such a violation became known to him. When filing a statement of claim, the defendant may declare the application of the statute of limitations, which will entail refusal to satisfy the claims.

Or for labor claims, administrative claims, claims to invalidate a transaction - the statute of limitations has been significantly reduced.

Restoring the deadline

To determine such deadlines, you can directly refer to the rules of law governing the controversial relationship, as well as use the information posted in the “Legislative Comments” section.

Restoring the procedural deadline

The Code of Civil Procedure of the Russian Federation regulates the procedure and timing of procedural actions. Thus, a complaint against a court decision, private, appeal or cassation, etc., can be filed only before the expiration of a certain time. Actions for missing such a deadline for good reasons, as well as what reasons may be recognized by the court as such - current information can be found on the website. If you have any difficulties in independently preparing an application for reinstatement of the deadline, you can ask a lawyer.

Petitions for restoration of time limit

Application for restoration of procedural time

Application for restoration of the deadline for a supervisory complaint

Application for restoration of the period for comments on the protocol

Application for application of the statute of limitations

Application for restoration of the statute of limitations

Application for restoration of the deadline for labor disputes

Application for restoration of time limit for a private complaint

Application for restoration of the deadline for a cassation appeal

Application for restoration of the time limit for an appeal

Application for extension of the procedural period

Application for restoration of time limit in administrative cases

Article 95. Restoration of a missed procedural period

1. Persons who missed the procedural deadline established by this Code for reasons recognized by the court as valid, the missed deadline may be restored. In the cases provided for by this Code, a missed procedural deadline cannot be restored, regardless of the reasons for missing it.

2. An application for restoration of a missed procedural period is submitted to the court in which the procedural action was to be performed, unless otherwise provided by this Code. The application must indicate the reasons for missing the procedural deadline. Documents confirming the validity of these reasons are attached to the application.

Sample application for reinstatement of a missed procedural deadline

The application is considered without notifying the persons involved in the case.

Taking into account the nature and complexity of the procedural issue, the court has the right to summon the persons participating in the case to a court hearing, notifying them of the time and place of its holding.

3. Simultaneously with filing an application for restoration of the missed procedural period, the necessary procedural action must be completed (a complaint, application, documents submitted).

4. A private complaint may be filed against a court ruling to restore a missed procedural period or to refuse to restore it.

Art. 95 CAS RF. Restoring a missed procedural deadline

from 31/12/2018

Renewal procedure

Restoration of the period established by the rules of substantive law

Or for labor claims, administrative claims, claims to invalidate a transaction - the statute of limitations has been significantly reduced. To determine such deadlines, you can directly refer to the rules of law governing the controversial relationship, as well as use the information posted in the “Legislative Comments” section.