Statement on the restoration of the missed procedural deadline. Sample Writing

The application for restoring the missed procedural deadline (we will give a sample of it in our article) is necessary for the implementation of the principle of access to justice. According to the Convention on Human Rights, everyone's right to judicial protection refers to natural rights, along with the right to life, work, religious views.

However, it often happens that citizens learn about the decisions made by bailiffs who take measures for enforcement proceedings. And when applying to the court it turns out that the due procedural deadlines for appealing the decisions have already ended. What to do in this situation? Write a statement on the restoration of the missed procedural deadline (a sample in this article will help).

"I did not know anything, it's illegal!"

Often people who for the first time act as defendants in various cases say the standard phrase: "I did not know anything." This is the only argument, in their opinion, which should abolish the legal force of judicial decisions. This is not true.

The court is called to protect the interests of citizens. And, as a rule, those who have already violated their rights appeal with the lawsuits. Unlawful dismissal, violation of civil property contracts, non-payment of alimony by the former spouse - this is an incomplete list of violations of rights and obligations.

No one is required to hire private detectives, file for the search of a defendant to the police, etc. It is enough to send an official judicial summons at the place of registration, and automatically this will mean that the process will take place. Of course, there are cases when you can postpone it, but this is a completely different story.

How can we defend in this case the defendant, if he really did not know anything about the trial? The way out is to write a statement on the restoration of the missed procedural deadline. A sample can be found in any courthouse. However, the defendant must have a real reason for such a procedural action. Let's talk about this in more detail.

Good reasons

So, what is the reason for restoring the time for submission of claims, complaints, etc. According to the Law (Article 112 of the Code of Civil Procedure) there are several of them:

1. Disease, impairment of physical and mental condition.
2. Business trips, work in another region.
3. Illiteracy. It is understood as the inability to write, read, count, etc.
4. Another reason that the court deems valid.

As we see, there is no closed list. What reason can be hidden in the last paragraph? Ignorance of the defendant about the trial, change of residence, natural disasters, prevented to file a timely complaint (collapses, snow drifts, floods, etc.).

Application for restoring a missed procedural deadline (sample)

The cap of the application for restoration is issued as standard. In the right upper corner, the name of the court is written, where the document is filed, the procedural status of the applicant (the respondent, the plaintiff), the place of registration.

After that, we start writing the main text. The title of the document should be related to the procedural act. We write: " Statement on the restoration of the missed procedural period for filing an appeal ". The document can also be called a petition. There is no difference in this.

Further, we indicate the circumstances of the earlier verdicts. For example:

"The Voronezh City Court ruled in case No. 247/16 (all data are arbitrary, coincidences are random) from 15.06.2016. On it from me, Ivanov AA. 09.06.1988 year of birth, living at the address: Voronezh, Pervomaisky district, per. Kosoy d.1, recovered a sum of money in the region of 1000 rubles in favor of OOO Zaimi .

Next step: indicate the cause of recovery

Further, it is necessary to indicate which reasons served as the basis for missing the time limits for filing a complaint. So, you write, for example, like this: "from 10.06.2016 I was on a long trip, which is confirmed by copies of orders from work, schedule, the journal of working hours. I returned home only on August 19, 2016, after which I learned about the court decision . "

Final stage: request and annex

Then comes the request itself, for the sake of which the document is drawn:

" On the basis of the foregoing, I ask:

1. To restore the missed time for filing an appeal.
2. Accept the complaint and consider it on the merits . "

In the appendix, it is necessary to indicate documents that confirm a valid reason, as well as copies of applications and petitions for the number of persons in the case.

What you need to know when writing a statement on the restoration of terms

Before writing a request for the restoration of deadlines, you need to know the following points:

• How is the calculation of the procedural terms. Perhaps, no application will be required.
• What reasons does the court consider valid (this was mentioned in the article).
• Such statements are submitted along with the basic requirements (claims, complaints, etc.)
• The number of copies should be the number of persons in the case.
• The application is filed in the name of the court where the original decision was taken.

Know: if the court does not restore the deadline, the case will not be considered, despite the absence of the misdemeanor of the applicant.