How and where to apply for the restoration of a missed period

An application for restoring a missed period is the last "saving straw" of citizens whose rights, in their opinion, were violated. Unfortunately, modern realities are such that we learn about various court decisions only when our accounts are already arrested, bank cards are blocked, etc. The bailiffs do not like joking. All arguments about injustice are not interesting to them. About what is the petition for restoring the missed deadline, how and where to submit it correctly, and what chances for its satisfaction - later in the article.

"Without me, I was tried," or procedural rules for decision-making

Often, from our citizens who for the first time acted as a defendant in the lawsuit, one can hear the standard phrase: "I did not know about the court, they had no right to do so" (arrest, block, describe, etc.). Let's try to understand not only legally, but also logically.

Courts, as a rule, are necessary to defend the interests of the plaintiffs: to return the debt, to assign alimony, to recover at work, to award damages, etc. Respondent, logically, it is not desirable that the case is generally considered. The employer illegally dismissed the employee - and all right. The main thing for him is that later no one should be restored back. Otherwise, you will have to endure the employee again at work, think about how to fire him again, pay him compensation for the time of forced absenteeism, etc. If we introduce a norm in which processes can not be carried out, for example, "if the defendant is lost", then society will face constant delays in court decisions. Many will simply benefit from "not seeing" judicial summons, not coming to them personally in court, etc.

The court sends the official summonses to the registration address, and this automatically means that the meeting will take place, unless, of course, one of the parties in advance does not ask to transfer it for the valid reason.

What if the defendant found out about the verdicts taken a long time later. To file a complaint against the decisions of the first instance is no longer possible by procedural norms. The way out is to draw up a petition for restoring the missed deadline. How to do it right, we will tell further.

So, what is the filing of an application for restoring a missed deadline? Extend the time for appeal through the authority that made the initial decision. For example, if the verdict was taken by the Kalininsky District Court of the Republic of Khakassia, then it is in it that a petition should be filed for the restoration of the missed deadline together with the appeal itself .

Good reasons

According to the procedural law, the following reasons are valid for the extension of the right to appeal:

• Illness, loss of legal capacity;
• illiteracy;
• Business trip, watch;
• Other reason recognized by the court as respectful.

The norms do not contain a closed list (Article 112 of the Code of Civil Procedure of the Russian Federation), therefore everything is at the discretion of the court. As a rule, if a citizen does not know about the decision taken, and the court does not have a note on a personal signature, then such a case is recognized as respectful.

What is Illiteracy?

Let us clarify the concept of illiteracy in procedural norms. Under it, our citizens more often understand legal ignorance: lack of understanding of terms, inability to calculate the timing of filing, make claims, etc. However, the illiteracy of courts treats the inability to write, read, count, etc.

For example, the indigenous peoples of the North often experience difficulties, who live all their lives away from civilization. Many of them do not know how to read and write. It is for such cases that this item is provided.

What you need to specify

An application to the court for the restoration of a missed period should contain the following points:

• Name of the court.
• The procedural status of the applicant (defendant, plaintiff, prosecutor, etc.).
• Registration address of the applicant.
• Information about the defendant.
• Information about the case number, the date of the decision, the main provisions, the decisions taken.
• A good reason why an application for restoring a missed deadline for filing a complaint will be granted. If the defendant knew about the trial, but he was on a business trip, his health was threatened, etc., then it would not be necessary to refer to the confirmation in the requirements.
• Request. What are the objectives of the applicant submitting the application? As a rule, the following is written: "On the basis of the foregoing, I ask: the petition to the court to restore the missed period to satisfy, to accept with him an appeal against the decision of the court of first instance, to examine it on its merits.
• Application. It should list the copies of documents, certificates, confirming the validity of the reason.
• Signature, date.

Terms of consideration

The petition is considered simultaneously with the main complaint. If the court does not satisfy him, then the degree of misconduct will not influence the further consideration of the case. The decision of the first instance will be left unchanged.

The court is obliged to review the petition within 10 days after its submission. However, there is no time limit for making a decision. They depend on intelligence. Unfortunately, each person treats this in his own way, which leads to different procrastination processes.