Courts and complaints

What is a cassation complaint and when do you file it?

Huquqchi legal team

In civil cases you file a cassation complaint against court judgments that have entered into legal force and were not heard on appeal. The time limit is six months from the day the judgment of the first instance court enters into force. The cassation court checks legality, validity and fairness, and may examine new evidence.

The difference from an appeal

You file an appeal against a judgment that has not entered into legal force. You file a cassation complaint, under article 403 of the Civil Procedure Code, against a judgment that has entered into legal force and was not heard on appeal. Both instances check the legality, the validity and the fairness of the judicial act, and both may examine new evidence.

What to stress in the complaint

State exactly what is wrong with the judgment: for example, which rule the court broke, and how that breach changed the outcome. The phrase "the court decided wrongly" is not enough.

The time limit

Under article 405¹ of the Civil Procedure Code, you file the cassation complaint within six months from the day the judgment of the first instance court enters into legal force. If you missed the time limit for a valid reason, file a motion to restore it. You must file the motion no later than three months from the day the six-month limit expired.

The result

The cassation instance may uphold the judgment without changes, amend it, or annul it and render a new judgment. On the grounds the law states, the court may annul the judgment and leave the application without consideration, or terminate the proceedings. If the case was heard in breach of the jurisdiction rules, the case materials go to the proper court.

Legal sources

Legal basisCivil Procedure Code, article 405¹ Legal basisCivil Procedure Code, article 416 Legal basisCivil Procedure Code, article 419

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.