It often happens that citizens or organizations cannot resolve the issue peacefully, and therefore they have to turn to the courts to resolve the dispute, and for this it is necessary to file a statement of claim and attach all available documents to it. This is the law. In addition, the documents that must be attached to the claim are indicated in article 132 of the Code of Civil Procedure of the Russian Federation. Thus, the application should not be submitted to the judicial authority without payment of state duty, power of attorney, confirming the authority of the representative and written evidence on which the plaintiff bases his claims.
Need to know
Before the plaintiff will file a claim with the judicial authority, he must carefully check whether all the documents on which he bases his claims are attached to him. In addition, if an application is made of a property nature, then the person must also pay the state fee. As a rule, this can be done at any financial institution. Some ships also have duty stations.
In addition, copies of the claim must be attached to the application itself by the number of defendants. This is indicated by norm 132 of the Code of Civil Procedure of the Russian Federation. If the applicant himself does not want to participate in the process, but sends a representative in his place, then the authority of the latter should be confirmed by a power of attorney. This document must also be attached to the claim.
How should I arrange?
As a rule, most modern people print statements of claim using a computer, after which they transfer them to the judicial authority in this form. Nevertheless, these documents can be executed in writing, the main thing is that everything is clear and clearly written. In other words, there should be as many copies of the statement of claim as there are defendants involved in the process. This is indicated by the stat. 132 Code of Civil Procedure of the Russian Federation.
Copies of all documents attached to the claim do not require notarization, because their authenticity will be verified by the judge during the meeting.
Of course, the authority of the representative of the plaintiff-citizen must be formalized in the form of a power of attorney, which must be certified by a notary. Whereas the powers of a lawyer should be simply written down on paper and certified by the head and seal of the organization.
Payment
One of the most important documents that must be attached to the statement of claim of a property nature is considered a receipt on the transfer of state duty to the budget. This is the law. Therefore, the application of this document is considered mandatory, since this is indicated by Art. 132 Code of Civil Procedure of the Russian Federation.
Of course, if it comes to compensation for non-pecuniary damage or recovery of alimony, then the plaintiff does not need to pay anything. But in the case when it comes to the division of a house, car, apartment, then the transfer of state duty is mandatory.
Pre-trial Order
It is carried out if it is provided by law or contract.
In some cases, documents supporting the fact that the applicant tried to resolve the issue with the other party to the dispute peacefully must be attached to the lawsuit. As a rule, this applies to legal entities and entrepreneurs.
For all claims against carriers, the court must demand from the applicant a copy of the claim that the latter sent to the party to the dispute and the answer to it, as well as any confirmation that the said document was sent to the defendant.
Evidence of a mandatory pre-trial dispute settlement procedure must be attached to the claim. This rule is spelled out in Art. 132 Code of Civil Procedure of the Russian Federation.
Confirmation of circumstances
It should be reflected in the documents attached to the claim. Thus, the plaintiff, who bases his claims on written evidence, is required to attach copies of them to the application. As a rule, these documents are applied only for the court, especially if third parties and defendants know their contents, and also have copies of them.
These papers include: a certificate of ownership of the apartment, receipts for the plaintiff's purchase of furniture and equipment (if it comes to the release of things from custody), various civil law and labor contracts.
Thus, the person who files the claim with the judicial authority needs to attach documents to him confirming the circumstances to which he refers in his application, as well as copies of them for the other side of the dispute and interested parties, if the latter have none. This rule is spelled out in the norm of Art. 132 Code of Civil Procedure of the Russian Federation.
Formation of documents
Art. 132 Code of Civil Procedure of the Russian Federation indicates that a statement of claim must be attached to a certain list of documents. This is necessary so that the court can familiarize themselves with them before the start of the hearing and already draw a small conclusion about which of the parties is guilty of the current dispute.
The lawsuit and its annexes can be numbered and stitched. Also, the applicant must remember that the documents are submitted in several copies:
- for the court (check on payment of state duty, lawsuit, power of attorney for a representative and a copy of the plaintiff’s passport);
- defendant (this is usually only a copy of the statement);
- for a third party, a duplicate of the claim must be attached.
All papers attached to the application must be laid out in the order in which they are listed. You also need to remember that the exchange of documents after the hearing, the parties can only through the court.
How to file?
Before you bring a lawsuit to a judicial authority, you must first call there and find out the hours of receipt of documents and the number of the cabinet. Because in the event that a person arrives with papers not at the scheduled time, no one will accept them from him. In addition, before visiting the court it is necessary to collect all the applications confirming the position of the plaintiff. Here it is also necessary to remember that copies of the claim are attached to the application according to the number of defendants and other persons participating in the process. This norm is enshrined in Art. 132 Code of Civil Procedure of the Russian Federation.
The transfer of documents to the court is a simple task, but it requires the preparation and collection of all necessary papers. After all, the law indicates this.
It should also be noted that the application should list all the documents attached to the application. This rule is specified in Art. 131, 132 Code of Civil Procedure of the Russian Federation.
In addition, the plaintiff needs to know that he cannot fail to accept the application without definite reasons. But if this still happened, then it is necessary to send a lawsuit to the court by registered letter with a notice and wait for an official response.
After all, an employee of this authority may not accept a statement only if it does not meet the standards specified in art. 131, 132 Code of Civil Procedure of the Russian Federation.
What decision can be made?
After the case is referred to the judge, he should carefully look at it and only then take it to production. To carry out this function, he is given five days. In the event that the judge finds significant violations in the lawsuit, he will return it for correction. Therefore, before filing an application, you need to carefully look at all the applications, and also check whether they are indicated in the lawsuit. It is also necessary to make sure that the claim is personally signed by the plaintiff or his representative (in this case, there must be a power of attorney). If the specified requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation will not be respected, the court will not accept the application for consideration.
A comment
Before filing a lawsuit, the following documents must be attached to it:
- copies of the application (in accordance with the number of respondents and interested parties);
- duty receipts ;
- power of attorney for a representative (if the claim is signed not by the applicant himself);
- evidence supporting the plaintiff.
This list is approved by Art. 132 Code of Civil Procedure of the Russian Federation. One cannot but agree with the comments on it. Indeed, without the application of these documents, the consideration of the case will be impossible. In addition, in some cases, the court is required to provide evidence that the plaintiff tried to settle the dispute with the other party peacefully, as well as attach the calculation of the amount due to which the conflict occurred.
In the event that the required documents are not attached to the claim, the court has the right not to accept such an application for consideration on the basis of Art. 131, 132 Code of Civil Procedure of the Russian Federation.
Practice
A citizen filed a lawsuit for divorce from his wife. A week later, by mail, the man received a response from this authority that his application was not accepted for production due to the fact that the applications do not have a certificate of marriage. In addition, the citizen did not attach a check on the payment of the duty to the lawsuit, although this had to be done because the Civil Procedure Code indicates this. Articles 131, 132 also state that a certain list of documents must be attached to a claim.
However, the man did not agree with this court ruling and filed a complaint with a higher authority. But there he also did not receive a positive answer. Moreover, the court of second instance explained to the citizen that the execution of the claim and the application of documents to it should be carried out taking into account the standards st131, 132 of the Code of Civil Procedure of the Russian Federation.
The citizen again brought his application and attached to it the original marriage certificate and a check on the payment of the fee. After all, this is required by law. In addition, the man wrote by hand the second copy of the lawsuit (copy) for the defendant, because this is indicated by the norm of the Code of Civil Procedure. Articles 131, 132 of which also confirm the fact that a certain list of documents must be attached to the claim.