Article 41910. Return of a supervisory complaint (protest)

The judge of the supervisory instance court shall return the supervisory complaint (protest) in the following cases if:

1) the supervisory complaint (protest) is not signed or is signed by a person not authorized to sign it, or is signed by a person without indicating the position or initials of the surname and name;

2) the supervisory complaint (protest) does not comply with the requirements set forth in Article 419⁷ of this Code, or the documents specified in parts two, three, five, and six of Article 419⁸ of this Code are not attached to the complaint (protest);

3) documents confirming payment of the state duty and postal expenses in the prescribed manner and amount are not attached to the supervisory complaint, or, where the law provides for deferment, installment payment, or reduction of the state duty, there is no application or the application is denied;

4) the supervisory complaint (protest) is submitted after the expiration of the established time limit and there is no application for its restoration;

5) prior to the issuance of a ruling on acceptance for proceedings, the person who filed the complaint (protest) submitted an application to withdraw it;

6) the supervisory complaint (protest) is submitted bypassing the court that adopted the judicial decision, in violation of part one of Article 419⁶ of this Code.

The ruling on the return of the supervisory complaint (protest) shall indicate the reasons for the return and address the issue of refunding the state duty paid upon submission of the complaint.

A copy of the ruling on the return of the supervisory complaint (protest) shall be sent to the person who submitted the complaint (protest) along with the complaint (protest) and the attached documents.

If the ruling on the return of the supervisory complaint (protest) is canceled, the complaint (protest) shall be deemed to have been submitted on the date of the initial filing with the court.

After eliminating the circumstances specified in part one of this article, the person who submitted the complaint (protest) shall have the right to reapply to the court under the general procedure with a supervisory complaint (protest).