Who needs sample feedback on a lawsuit? As part of the civil process, thousands of cases are dealt with daily. The law provides for a decision based on the opinions of both parties. Relying only on the plaintiff's arguments is considered risky in the case.
Using samples
Among lawyers, the use of samples and examples of procedural documents is common. Their presence greatly simplifies the life of both lawyers and ordinary citizens. It remains only to fill in the columns or rewrite the document, taking into account their circumstances. There is no need to invent something new.
The statement of claim form is often used, for example, to file for a divorce or to collect child support.
At the same time, one must not forget about the need to obtain additional information. The use of forms or samples, even in the case of simple cases, may be insufficient.
Legislative terminology
In the Code of Civil Procedure the term is used - an objection to the statement of claim. The recall is silent. Nevertheless, it is he who is fully used. In the end, the fact that the other party expresses its opinion matters to the court.
Feedback on the claim is provided during the preliminary hearing by the defendant.
Right or obligation
Samples of the response to the statement of claim will be needed by the person who wants to present it. If the defendant does not want to express his opinion with the help of a full recall, but is limited to verbal statements, no one has the right to force him to do the opposite.
Writing approaches
The sample response to the statement of claim is characterized by its compilation in a fairly free form. At the same time, it should be clear enough for both the judge and the participants to understand the arguments presented. Reviews are negative, positive or neutral, depending on which of the participants provides it.
When writing, the author proceeds either from the material requirements of the claim, or builds his defense, referring to procedural rules. The third way is to build an argument that takes into account both aspects. Below we will analyze the first two options. In real cases, consideration is being given to points that are able to influence the dismissal of the case and the denial of the claim.
Substantive aspect
Claims are based on substantive law (codes, laws, acts of executive authorities). In the sample response to the statement of claim, the author shows how the plaintiff misinterpreted the rule of law.
The arguments are based on the lack of evidence, which is mandatory, or on their improper execution (for example, the document does not have a seal and the signature of an authorized person or it is generally issued by an unauthorized person).
Procedural aspect
The emphasis is on non-compliance or violation of procedural rules. For example, the plaintiff violated the rules of jurisdiction, jurisdiction (the claim should be considered in accordance with the rules of another court procedure).
A significant argument is the lack of the right to appeal to the court: there is no authority in the power of attorney, lack of real interest in the case. There is regular confusion with the proper defendants.
Not so long ago, the Armed Forces of the Russian Federation in one of the decisions indicated that failure to comply with the pre-trial procedure for resolving the dispute gives the court the right to terminate the consideration of the dispute at any stage of the process (appeal, appeal or supervision).
The sample response to the statement of claim, as a rule, contains a reference to one of the items listed without disclosing their meaning.
Spelling scheme
Despite the absence of legislative regulation, practice has developed rules that guide and draw up samples of responses to a civil lawsuit.
- name of the court to which the statement of claim is transferred;
- FULL NAME. applicant or name of organization, as well as full name its representative;
- address and telephone number or other means of communication;
- case number;
- Information about other parties or participants;
- descriptive part;
- petitioner;
- signature and date.
After the details it is advisable to indicate what kind of document is submitted: review or objection.
Then, in the narrative, the author gives explanations regarding the arguments of the claim, gives his counterarguments, referring to the norms of the law and documents. The review may contain not only counterarguments, but also additional information that makes the picture of what is happening more complete.
The petitioning part is stated in the form of a request to refuse the claim partially or in full.
If necessary, the applicant requests that additional materials be attached to the claim and combines the objection or recall with the petition for the demand for evidence.
Submission procedure
Several paths are used:
- the document is transmitted by filling out the form on the Internet on the court website;
- by mail with a notification letter;
- in person or through a representative in the registry of the court.
It is advisable to leave evidence of sending the recall to the court in order to provide an additional argument in case of appeal.
Statement of withdrawal of claim
This is somewhat different. This is the name of the application to the court for waiver of claims against the defendant. The recall may relate to all or part of the claims, or some of the defendants, if there are several.
The waiver of the claim is allowed before the court makes a decision. If the proceedings are opened at other stages (in appeal, cassation and supervision), then the right is retained throughout them.
Finally
Revocation of a claim is a remedy against the plaintiff's claims. It is stated in writing, the document reflects the opinion on the stated requirements.
The law allows verbal disagreement to be declared, neither the court nor other participants in the process have the right to force a review to be written.