Article 257. Return of the Complaint (Protest) in the Supervisory Procedure

A judge of the supervisory instance court returns the complaint (protest) in the following cases:

1) the complaint (protest) is unsigned or signed by a person not authorized to do so or who failed to indicate their official capacity or initials;

2) the complaint (protest) does not meet the requirements of Article 253 or lacks the documents specified in parts three and four of Article 255;

3) documents confirming payment of state duty and postal expenses in the prescribed manner and amount are not attached, and there is no motion to defer or pay in installments, or such motion was denied;

4) the complaint (protest) is filed after the deadline and there is no motion to restore the missed time limit;

5) a withdrawal request was submitted before a ruling was issued to accept the complaint (protest) for consideration;

6) the complaint (protest) was not submitted through the court that issued the judgment, contrary to the procedure outlined in part one of Article 251.

The ruling on the return of the complaint (protest) must indicate the grounds for return and address the issue of refunding the state duty paid at the time of filing.

A copy of the ruling on return is sent to the complainant along with the returned complaint (protest) and attached documents.

If the ruling on the return of the complaint (protest) is overturned, the complaint (protest) is considered submitted on the date it was initially filed.

After correcting the deficiencies specified in part one of this article, the person who filed the complaint (protest) may resubmit it to the court in accordance with the general procedure.