statement to clarify the claims (a model of which is identical to the original application) may be submitted at any stage of the process.The court may regard this event as a basis for the transfer hearing.Thus, the defendant is given time to prepare for the review, taking into account the request to change the claim.The plaintiff has the right to make further claims that are not listed at the beginning of the proceedings.
plaintiff is entitled to reduce or increase the amount of claims.Statement to clarify the claims applied to the same court where hearing the case.In drawing up the number of the additions of the case, is in the process of judicial review.On the contrary line "plaintiff" is put first name and patronymic of the applicant's whereabouts.For citizens required to specify the place and date of birth.Legal entities must supply the place and date of state registration.The complainant also indicates the name of the defendant's place of residence or seat.
statement to clarify the claims must
In accordance with the first part of article 130 of the APC, the statement to clarify the claims can connect a supplement, related on the grounds of origin and the evidence available.If the connection is unfounded additions, then, in accordance with paragraph 1 of Part 2 of Article 129, the court will not take them.
statement to clarify the claims may include related requirements that are presented in the form of a serial chain.Thus, the plaintiff may request to recover the loan, penalty and interest for the use of the loan;recover the amount of shortage, obtained in accordance with the transport documents and registered in one act of acceptance, accepted for payment according to settlement documents;require invalidation act and return the amount that was paid on the basis thereof and the like.
So, expressing in the lawsuit claim for recovery of the principal amount, in a statement to clarify the plaintiff has the right to seek and to forfeit.In addition, when you make additions to the invalidation of the transaction, the plaintiff may request the application of the consequences of invalidity.
Formally, the law is no such thing as a "clarification of the requirements."Accepted definition of an "increase" or "decrease" petitions.It is enshrined in Article 39 of the RF Code of Civil Procedure.
However, practice shows that often the plaintiff was forced to "clarify" requirement, making the relevant application to amend the petition.In some cases the need arises solely as a result of errors of a technical nature.For example, in the document there is no part of it as a result of carelessness or negligence.It also happens that an error in the formula for calculating the amount of damages shall be recovered are identified during the late allocation.In such cases, there is exactly clarify, but not increase or decrease the requirements in connection with the fact that an object is defined and does not undergo changes.
In a number of cases in accordance with its own motion, the Court considered the concept applies for different purposes.Often, a request for clarification of the requirements of the claim becomes a reason for delaying the trial.
Thus, plaintiffs often have to "supplement" their petition, without changing its basic essence.