article will be of a general informational nature, because it is impossible in a description to reflect all characteristics of different types of cases.In this sense, there will be a significant difference in how to make a claim in court.But it's worth noting that the basic principles are the same.This will have only a minimal knowledge in this matter.
Where to look?
doubt to answer the question of how to make a claim in court, you need to know what the rules of law to be guided in writing.They are mostly found in the Civil Procedure Code (hereinafter CPC).But there may be other acts.For example, to correctly calculate the state fee that is payable, should apply to the tax law.
Which sue?
First of all, you need to read the rules of jurisdiction and jurisdiction.In general we can say that jurisdiction - this is what authorities may consider the case (mainly the courts of general jurisdiction).Then there is the definition of jurisdiction.This means that in the framework of vertical ordinary courts have to choose the one that will examine your application (the world, the city (district), the Supreme Court of the subject).All of this is given in the article.23-27 GIC.
form and total
These points are reflected in the art.131 Code of Civil Procedure, which will help you in the matter of how to write a statement to the court.Naturally, the required written form of the claim.The following is a list of what needs to be reflected in the text of the statement:
- name of the court;
- your name, place of residence;
- the same about the respondent;
- motivation (which is a violation of your rights);
- evidence;
- settlement of the claim, if it is required by law;
- evidence of pre-trial settlement procedure, if necessary;
- list of documents attached to the claim.
duties and the accompanying documents
How to write a statement to the court, clear.Now touch on the issue of additional documents to the claim.This is defined in Art.132 GIC:
- copy of the application (as the defendants and third parties, so many copies);
- receipt that stamp duty paid;
- proof (written documents);
- calculation of the amount, which shall be recovered or disputed.
fee is calculated according to the rules of Chapter 25.3 of the Tax Code.
The court
within 5 days, the court shall consider the application.After that decision is made.It can be different.For example, if you take an action, then there is no problem.If left without movement, it means that you do not have all the requirements are met, you will look back, how to write a statement to the court.Furthermore, in making the claim may be denied (Art. 134), or it may be returned (Art. 135).
Conclusion
How to write an application to the court?This is a complex issue which requires expert knowledge of the legislation.If you do something wrong, and the court does not want to take your case, then do not despair.Contact your lawyer for help.You can draw on his power of attorney, if you do not have time to participate in person in litigation.There is nothing wrong in the fact that you yourself can not exercise their rights.That's what lawyers are there to help in such cases.
