Legal representation in the courts of general jurisdiction
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in the courts of general jurisdiction. In our practice, we face with various types of disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the courts of general jurisdiction disputes require an individual approach to each specific case and careful legal analysis.
Jurisdiction of disputes in the court of general jurisdiction
The most common judicial institutions are courts of general jurisdiction, and in each district of the city there is a district court, and sections of magistrates' courts. Courts of general jurisdiction are called upon to protect the rights of citizens in resolving disputes arising between them with individuals and legal entities.
It is important to note that from October 1, 2019, the new system of appealing judicial decisions of courts of general jurisdiction is introduced in Russia. In particular, there will appear 5 courts of appeal and 9 courts of cassation of general jurisdiction, which will be territorially removed from the courts of the first instance. Given such changes, and also taking into account the fact that most citizens do not have practical experience in protecting their rights in court, often when the dispute is independently initiated, many questions arise regarding which court should apply for the protection of their violated rights, and how to comply with the procedure for such treatment.
The courts of general jurisdiction deal with disputes in criminal, civil cases, and disputes for administrative offenses.
Types of disputes in courts of general jurisdiction
The procedure for the settlement of disputes by courts of general jurisdiction
Claims or other pre-trial procedures for resolving a dispute are mandatory in cases provided for by law or contract (para. 7, article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the Code of Administrative Procedure of the Russian Federation). In case of non-compliance with the claim (pre-trial) order, the statement of claim shall be returned by the court (clause 1 part 1 of article 135 of the Code of Civil Procedure of the Russian Federation, clause 1 part 1 of article 129 of the Code of Administrative Procedure of the Russian Federation), and if accepted for production, it must be left without consideration ( 1 part 1 of article 222 of the Code of Civil Procedure of the Russian Federation, paragraph 1 of part 1 of article 196 of the Code of Administrative Procedure of the Russian Federation).
As a general rule, civil cases are considered in the following terms:
- with a justice of the peace - no more than 1 month from the moment of accepting the application for production;
- in district courts - not more than 2 months from the date of application;
- questions about the recovery of alimony and reinstatement at work - no more than 1 month;
- for certain issues in laws shorter terms may be set.
Nevertheless, it should be remembered that the courts do not always strictly comply with the deadlines established by law, taking into account the complexity of the case, the length of time to receive answers to court requests, conducting expert examinations, etc. Thus, the time for consideration of the case largely depends on the workload of a particular court and the complexity of the case under consideration.
If either party does not agree with the court decision, then it is given the opportunity to appeal it. The deadline for filing an appeal is 1 month from the date of the court decision in full. However, such period may be extended taking into account the time period for the party to receive this court decision. It is important to note that the appeal itself must be filed through the court, which issued the appealed decision. This judicial body independently sends an appeal to the court, the competence of which is its consideration.
- Legal analysis of documents and other evidence submitted by a client regarding the courts of general jurisdiction
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in the courts of general jurisdiction