An application for familiarization with the materials of a civil case is a form of exercising one of the rights granted to a participant in a lawsuit by law. It is not difficult to find a sample, but still it is worth considering a number of nuances in order not to delay the process and avoid unnecessary difficulties.
Than provided
An application for familiarization with civil case materials is not directly provided for by the rules of procedural law.
Code of Civil Procedure gives the right to familiarize yourself with the case and submit applications and petitions. There are no official forms. Citizens have the right to state their request as they see fit.
To whom to direct
Two options: the judge who parsed the case, or the chairman of the court. In the rest, the application for familiarization with the materials of the civil case is drawn up according to a single model.
As part of the current process
The court sends the defendant or a third party copies of the claim and the documents attached to it. Some of the papers may be involved in the case already during the trial, and therefore there is a need to study them more carefully.
The judge, having received a large amount of new documents, may postpone consideration on his own initiative in order to study them and give the other side for this time. In this situation, an application is submitted for familiarization with the materials of the civil case in the name of the judge considering the case.
Address to the chairman
After the expiration of the appeal period, a statement is written in the name of the chairman. The consent to familiarization passes into its competence. If no complaints are filed, the materials will be archived. And then they use the sample application for familiarization with the materials of the civil case from the archive.
The following is the request itself:
Upon termination of the powers of a judge, if the deadline for appeal has not yet expired, an application shall also be submitted to the chairman. If the judge is on vacation, they usually wait for his return, if there is no time to wait, they turn to the chairman.
Cases examined by justices of the peace are transferred to the archive of the district court in whose territory they operate.
Where and how to serve
It is advisable to transfer the paper through the office, there they are guaranteed to make a mark on a copy of the application for its adoption. If the case is before the judge examining it, the materials are transferred to the assistant or the secretary for review at the agreed time. If the case has already been referred to the office, the permission of the chairman is required. The search for materials and obtaining permission takes two to three days, depending on the workload of the institution.
How to write a statement
Be sure to specify:
- name of the court or world plot number;
- surname and initials of the judge or chairman of the court;
- the procedural status of the person who wrote the appeal;
- case number;
- essence of the matter (on the recovery of funds, recognition of property rights, etc.);
- essence of the appeal (to provide case materials for familiarization and photographing).
Naturally, a signature and a date are required.
In the sample application for familiarization with the civil case materials, it is recommended to attach a copy of the representative's power of attorney if someone else who is not involved in the process requests access to the materials.
After studying the case on a copy of the statement with the resolution of the chairman, the person signs that he has familiarized himself with the case. Some lawyers add the phrase "at the time of such a date" and put the appropriate number.