How to write an application to the court: basic rules
The article will have a common informationcharacter, because it is impossible in one description to reflect all the characteristics of different categories of cases. In this sense, there will be a significant difference in how to write a statement of claim in court. But it is worth noting that the basic principles are the same. This will allow to have only minimal knowledge in this matter.
Where to look?
Undoubtedly, to answer the question of howcorrectly formulate a statement of claim in court, you need to know what rules of legislation should guide you in writing. Basically, they are contained in the Civil Procedure Code (hereinafter referred to as the CCP). But can be in other acts. For example, in order to correctly calculate the state fee, which is payable, it is necessary to apply to tax law.
In which court to file?
First of all, you need to read the rulesjurisdiction and subordination. In general, it can be said that subordination is what bodies can handle cases (mainly courts of general jurisdiction). Then comes the definition of jurisdiction. This means that already within the vertical of the courts of general jurisdiction, it is necessary to choose the one that will consider your application (world, city (district), supreme court of the subject). All this is given in art. 23-27 CCP.
Form and general content
These moments are reflected in art. 131 GPK, which will help you in the matter of how to write an application to the court. Naturally, a written form of the claim is required. Next is a list of what should be reflected in the text of the statement:
- the name of the court;
- your full name, place of residence;
- the same about the defendant;
- motivation (what is the violation of your rights);
- calculation of the price of the claim, if required by law;
- proof of the application of the pre-trial settlement order, if necessary;
- a list of documents that are attached to the claim.
Fees and accompanying documents
How to write an application to the court, sorted out. Now we will touch on the issue of additional documents to the lawsuit. This is defined in Art. 132 GIC:
- copies of the application (how many respondents and third parties, as many copies);
- a receipt stating that the state duty has been paid;
- evidence (written documents);
- calculation of the amount that is collected or disputed.
The fee is calculated according to the rules of Chapter 25.3 of the Tax Code.
Within 5 days the court is obliged to consider the application. After this, a definition is made. It can be different. For example, if you took a lawsuit, then there is no problem. If you leave without traffic, then, therefore, you do not have all the requirements met, you will again have to look at how to write an application to the court. In addition, the claim can be refused (Article 134), or it can be returned (Article 135).
How to write an application to the court? This is a complex issue that requires qualified knowledge of the law. If something does not work out for you, and the court does not want to accept your claim, do not despair. Contact a legal expert for help. You can apply for a power of attorney, if there is no time to participate personally in litigation. There is nothing wrong with the fact that you can not independently protect your rights. That's why there are lawyers to help in such cases.