Writing a petition to the court: what to pay attention to

How to write a petition

Applications must be submitted exclusively in writing. The content of the document must comply with the norms of the code; first of all, it must have references to legislation. The paper is written in free form, but the style of speech should be formal and businesslike. The claim can be drawn up either by hand or printed on a computer. Depending on the type of legal dispute, some parts of the document may differ slightly.

It is difficult for a plaintiff who is not privy to all the intricacies of such a procedure to draw up a statement of claim on his own. In such a case, it is recommended to contact a professional lawyer. He will provide a sample of the required statement of claim.

The claim consists of:

1. "Hats." The name of the court, the parties to the case, and the price of the claim (if any) are indicated here.
2. Descriptions. The background of the dispute is stated, the main content of the document is written, the circumstances justifying the requirements are indicated, and evidence is provided to confirm each fact.
3. Petitions. The pleading part includes specific demands on the defendant and a request to the court to satisfy them.
4. Conclusions At the very end there is a number indicating when the application was submitted and the signature of the plaintiff.

This is also important to know:
Sample statement of claim to court for non-payment of utility bills

A statement of claim is an important part of defending your case. Therefore, you must carefully consider the information provided in the document. Information about the plaintiff and defendant must be written correctly and correspond to reality. Contact information is provided so that it is possible to send a summons to court.

All information in the statement of claim must not only correspond to the real state of affairs, but also be confirmed. In addition, when drawing up a document, you should not use emotional words or insult your opponent. The text should be clear and concise. When presenting the facts, it is imperative to refer to the law, regulatory documents and other material evidence. When referring to an agreement, a copy must be added to the claim; when referring to legislation, the name of the code or federal law must be indicated.

Important

The required statement of claim is drawn up in several copies. The number of documents depends on how many defendants there are. For example, when there are three defendants, the court is provided with four samples. One will be in court, and the rest will be sent to opponents.

Read additionally: what a sample petition to the court looks like.

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How to file a claim correctly

An appeal to the court is subject to state tax. duty. Therefore, the plaintiff will need to pay a certain amount to file the application. After this, a receipt will be issued, which will need to be attached to the application.

In addition, the definition of the jurisdictional dispute plays an important role. That is, which authority will consider the application. There are many nuances here. For example, when a claim concerns a property dispute, the main value in this case is the price of the claims. If the amount does not exceed fifty thousand rubles, the dispute is sent to the magistrate's court. If the price of the petition is more than fifty thousand, the district court considers the case.

Important

It is recommended to attach copies of documents rather than the original to the application. The originals will need to be produced at the time of trial. It is also recommended to make copies of the statement of claim and all documents related to the case for yourself. They will make it easier to prepare for the meeting, and will be needed if you need to contact a lawyer.

For each claim, the law establishes a time limit for consideration (District courts - two months, World Courts - a month to make a decision on the claim) and a limitation period (three years).

This is also important to know:
Statement of claim for division of property

It is useful to know what is the statute of limitations for filing a claim for division of property and what are the consequences of the expiration of the statute of limitations?

What is a petition and what is it regulated by?

In essence (hereinafter also referred to as “hoda”) is a request. It is declared in writing to the traffic police inspector on the road or to the judge who is considering the case. The procedure itself in the legal community is called a “petition.” That is, the person submitting it petitions for something - asks for something from a traffic police officer or a court.

It is not a complaint - you should not write in it about illegal actions, or describe the current situation - whether you are subject to a fine or deprivation of your license or an accident. It is this petition – which one – that determines the type of this document, which we will talk about below.

As of 2020, only one regulatory act regulates it - article 24.4 of the Code of Administrative Offenses of the Russian Federation.

What types are there?

The type of petition depends on what exactly you are requesting in writing. And their list is not established by law - in fact, you can apply for anything.

But the most common types are:

• a petition to consider the case in the absence of the plaintiff (in civil proceedings - for example, after an accident),
• about consideration at the place of residence,
• about hiring a lawyer,
• on the restoration of missed deadlines for appealing the decision,
• to restore the missed deadline of 20 days to pay the traffic police fine at a discount,
• on the postponement of consideration of the case due to the personal circumstances of the person involved or another person (witness, understandable),
• on the inclusion of evidence in the case materials (video recordings from the recorder or external cameras, witness testimony and other data),
• about familiarization with the case materials,
• on reducing (reducing) the fine if the standard of punishment provides for a “fork” of amounts (for example, a fine for driving without a license is from 5 to 15 thousand rubles, and the traffic police inspector on the road sets the maximum amount),
• on replacing punishment with a warning or verbal reprimand,
• on the appointment of an examination on the circumstances of the case,
• on deferment/installment payment of a fine (submitted to the judge),
• about summoning witnesses to court,
• about the possibility of videotaping or audio recording in the courtroom,
• a petition from the prosecutor to seize property within the framework of the court.

Examples and forms of claims to court

Here are some examples of statements of claim. However, we strongly recommend that you contact professional lawyers; the outcome of the trial directly depends on the correctness of the claim.

This is also important to know:
Statement of claim to reduce the amount of alimony: sample application

Additionally, it is recommended that you familiarize yourself with: what a sample appeal looks like.

Document acceptance procedure

After the claim is filed in court, it is reviewed by a judge. This procedure may take up to five days from the date of its receipt by the court.

After considering the claim, the judge makes a ruling:

• about accepting a claim for proceedings;
• refusal to consider the case;
• about returning the application to the plaintiff;
• about leaving the application without progress.

If the statement of claim is accepted for proceedings, a civil case begins and a preliminary court hearing is scheduled.