Saturday, December 4, 2010

How to apply to the court?

Very often in life we are faced with various problems. Some of these problems can be solved only by trial. This really is a time that most of us at least once in their life, but had to go to court for protection. And someone else will. How correctly apply what caveats might encounter on our way? This is what we'll talk in this article.
The first thing you should know is that each claim are mandatory details in case of no indication that the court or return your message, or leave it without consideration. What must be given in our lawsuit? According to Part 2 of Art. 131 CCP RF in the statement of claim shall include:

1) name the court to which application is submitted;
2) the plaintiff's name, place of residence or location of the claimant (if the application is submitted by a legal person);
3) name of the defendant's place of residence or location of the respondent (if a legal person);
4) What is the violation or threatened violation of the rights, freedoms or legitimate interests of plaintiff and its requirements;
5) the circumstances in which the plaintiff bases its claims and evidence confirming these circumstances;
6) the price of the claim if it is subject to assessment as well as the calculation of recoverable or disputed sums of money;
7) information on compliance with pre-order treatment to the defendant if it is established by federal law or stipulated by the agreement of the parties;
8) list of attached documents, to which, according to Article 132 of the Code of Civil Procedure of the Russian Federation, include a copy of the statement of claim in accordance with the number of defendants and third parties, a document confirming payment of registration fee (bank receipt or payment order), power of attorney if the application is submitted by the representative plaintiff, or other document confirming the representative's authority, the documents confirming the facts on which plaintiff bases its claims, copies of these documents for the defendants and third parties, the text published by standard-setting instrument in the event of his challenge, the evidence confirming compliance with the pre-trial order solution to the dispute, the calculation of recoverable or the disputed amount of money, with copies to the defendants and third parties.
The statement of claim filed in court, in writing, it does not matter, printed it on a typewriter, computer or handwritten. In some courts, judges are asked to provide them with only the printed proceedings, since they are much easier to read, but if you have a lack of technical facilities you have every right to demand that you have a handwritten statement of claim, and deny that you can not.
Also, be aware that from time to time courts have posted messages like: "in connection with the reporting statements of claim will not be taken with such and such on such and such a number." However, the courts are obliged to take the complaints of citizens on all working days. To avoid disputes with employees of justice, you can easily send your application to the court by mail (make it better by registered letter with notification) and not worry about what you bring it back due to employment tribunal.
Well, the last thing it should be recalled: the claim must be signed. Signing authority is either the plaintiff or his representative, but the authority to sign a statement of claim must be separately stated in the warrant.

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