A petition to court is an appeal by a party to this instance. It consists in submitting a request or refuting a decision. With the help of such paper, the defendant or the plaintiff communicates with the court, makes claims and submits for consideration important points that have not been taken into account earlier.
Knowing how to file a petition in court can help in different situations. For example,
the child is sick, you are not able to appear at the meeting and want it to be postponed or held without your participation in it. Or maybe you were denied the necessary document, which should be used in the consideration of the case, and you want to ask the court to demand it. It may also be a distrust of the jury and a request that they be withdrawn from participation in the trial. According to the generally accepted rule, a petition is filed in court in writing. However, if you are present at the meeting, it can also be submitted orally, which will be included in the general protocol of the case.
Your petition must be legally considered, but not necessarily satisfied. For this very reason, any petition to the court must be correctly motivated. It should include a list of reasons why you are asking the court to take some action. The request can be accompanied by the necessary documents for this, which would clearly confirm your position. For example, if the petition in court is related to the request to postpone the meeting due to your illness, you must attach a copy of the sick leave or a certificate stating that you are in hospital.
Requirements for writing a petition to court
There are no strict requirements on how to write a petition to court. When making it, it is recommended that you follow the same rules that are used when writing statements of claim: indicate the names, addresses of the persons who are involved in the case, the name of the judge, and the number of your case. Then the petition itself should be stated along with the circumstances justifying it. The document must have the signature of the applicant.
Some petitions (for challenging a judge, for securing a claim, for issuing a duplicate of your writ of execution) require special requirements by law. You can clarify them in special procedural codes or consult a lawyer about this.
Rules for writing a petition in court
As a rule, such a document is not subject to state duty, but nonetheless a tax
The code provides the following exceptions to this rule:
Filing a request for a second copy of a judicial act, a record of a court session, a copy of another document from a case issued by a court, and also when filing applications for a writ of execution (its duplicate) - 4 rubles per page, but at least 40 rubles.
To correctly draw up the paper and correctly state the essence of the matter, it is worth contacting lawyers. They will help to write correctly a petition to the court, which will be considered by the court without excuse.