How to go to court? Before ...

Relevance of the topic is compelling, the country is in full swing take over the democratic values of Europe, and there is protection of human and civil rights is one of the priority areas.

No, of course, the courts, and so do not stand idle, but among the people portrayed in two contradictory beliefs: Some believe that going to court is meaningless and even ashamed, others believe that if only to write an application and the court will immediately transform into the desired reality.

Both arguments are wrong, and here's why:

- Firstly, the appeal to the judicial authorities in any way is not shameful and will not be the reason that all around will be talking about you as a hell-raiser. This right is given to us by law and, moreover, appeal to the court - a way to resolve the conflict, worthy of civilized man;

- Secondly, the review of your claim the court will inevitably require you certain amount of time, effort and money, besides it also happens that a civil court cases delayed for several years, which will require considerable patience from you as the plaintiff.

And it is precisely in order to debunk the prevailing opinions, we will discuss how to properly apply to the court.

What to do before going to court.

Before resorting to the court suggest that you contact a lawyer or get legal advice , the lawyer will explain your rights, help to correctly make a claim, advise you what evidence you can and should be represented in court. In addition, the lawyer can represent you in court, of course, counsel are not cheap, but as they say, avaricious pays twice. And maybe, your access to a lawyer to help win the process.

If you decide to go to court, you first need to determine:

- In what court you need to contact (in some instances, where it is located);

- Yourself whether you will keep your case in court or through a representative;

- How to make a claim;

- What evidence to provide the court;

- What is the fee and what can be other legal costs;

What is a lawsuit, who is the plaintiff and the defendant?

The statement of claim (claim) - is an application that gives a person the court to protect its rights or interest. This person is called the plaintiff and the person who at the request of the plaintiff is a violator of this law and to hold to account, called the defendant. And the plaintiff and the defendant said to the parties.

The plaintiffs and defendants in court enjoyed equal procedural rights. Person applying to the court, should be, as they say in legal parlance - the subject of a controversial law (or a legally protected interest). For example, a mother in-law and generally dissatisfied with the marriage of his daughter. Can she sue for divorce of her daughter? Of course not. The mother in this case is not subject to law, does not she is married, and her daughter, and to sue for divorce may be just the wife.

In one case, there may be several plaintiffs and defendants.

That is, the action may be brought by several plaintiffs or several defendants. For example, a group of tourists has filed suit against travel agency - in this case, several plaintiffs and one defendant. Or a house owned by three brothers, one of them filed a lawsuit on the division of the house between him and the other two brothers - in this case, a plaintiff and the two defendants.

What should be stated in the petition?

You need to correctly make a claim. It is written in triplicate: for the defendant to the court and for themselves. It states:

- Name of the court in which the application is submitted;

- The name of the plaintiff and his place of residence;

- The name of the defendant's place of residence;

- What is the violation of human rights and freedoms and its requirements (that is the essence of the claim). The petition may be several requirements simultaneously interconnected. For example, the requirement for dissolution of marriage, the requirement for alimony, the demand for division of property;

- The circumstances in which the plaintiff bases its claims and evidence;

- Demands of the plaintiff to the defendant (financial compensation, recognition of rights, etc.);

- The price of the claim if the claim is subject to evaluation;

- A list attached to the application documents.

Statement signed by the claimant or his representative (if, of course, a representative of authority).

What are the proofs?

Why is the evidence? They are required to hand (the plaintiff and defendant) could actually prove their claims. For example: if the plaintiff alleges that surrendered his apartment under the contract, lease, and the defendant denies the fact and does not want to pay, the claimant may submit written proof (a lease agreement, signed by the defendant), and then it will be substantial evidence which will help the plaintiff to recover from Respondent paid for them money for rent.

Evidence may include:

- Explanation of the plaintiff, defendant and third parties;

- Testimony of witnesses;

- Written evidence;

- Physical evidence;

- Audio and video recordings;

- Expert opinion.