The article will be of a general informational nature, because it is impossible to reflect all the features of various categories of cases in one description. In this sense, there will be a significant difference in how to file a lawsuit. But it is worth noting that the basic principles are the same. This will allow you to have only minimal knowledge in this matter.
Where to looking for?
Undoubtedly, in order to answer the question of how to draw up a statement of claim in court, you need to know what legal standards to follow when writing. They are mainly contained in the Code of Civil Procedure (hereinafter referred to as the Code of Civil Procedure). But they can be in other acts. For example, in order to correctly calculate the state duty that is payable, you must turn to tax law.
Which court to file?
First of all, you need to familiarize yourself with the rules of jurisdiction and jurisdiction. In general, it can be said that jurisdiction is what bodies can consider cases (mainly courts of general jurisdiction). Then comes the definition of jurisdiction. This means that already within the vertical of the courts of general jurisdiction you need to choose the one that will consider your application (world, city (district), supreme court of the subject). All this is given in Art. 23-27 Code of Civil Procedure.
Form and general content
These points are reflected in Art. 131 GIC, which will help you in the matter of how to write a statement to the court. Naturally, a written claim is required. The following is a list of what should be reflected in the text of the statement:
- name of court;
- your full name, place of residence;
- same thing about the defendant;
- motivation (what is the violation of your rights);
- evidence;
- calculation of the price of the claim, if required by law;
- evidence of pre-trial settlement, if necessary;
- list of documents that are attached to the claim.
Duty and attached documents
How to write a statement to the court, sorted out. Now we will touch upon the issue of additional documents to the lawsuit. This is defined in Art. 132 GPK:
- copies of the application (how many defendants and third parties, so many copies);
- receipt that state duty paid;
- evidence (written documents);
- calculation of the amount that is recovered or disputed.
The duty is calculated according to the rules of chapter 25.3 of the Tax Code.
Court rulingWithin 5 days, the court must consider the application. After that, a determination is made. It can be different. For example, if a lawsuit is accepted, then there is no problem. If left without movement, then it means that you have not met all the requirements, you will again need to watch how to write a statement to the court. In addition, the claim may be refused (Article 134), or it may be returned (Article 135).
Conclusion
How to write a statement to the court? This is a complex issue that requires qualified knowledge of the law. If something doesn’t work out for you, and the court doesn’t want to accept your claim, do not despair. Contact a legal specialist for help. You can draw up a power of attorney for him if there is no time to personally participate in litigation. There is nothing wrong with the fact that you yourself cannot protect your rights. That's why there are lawyers to help in such cases.