A petition to get acquainted with the case materials is the only legal way to see what is so important in a court case and on the basis of which the judge will pass his judicial act. You can find out how to compile it from this publication.
What is a petition?
A petition for familiarization with the case materials is a piece of paper that, despite the amazement of the reader, has significant legal force. The meaning of the word “application” is equal to the meaning of the word “application”. That is, this is a request from a person to the judicial authority. Such, among other things, may include a request to provide case materials for review.
As a general rule, a petition may be made in writing, but the law does not prohibit making it orally. So, for example, in courts of general jurisdiction all petitions can be filed both orally and in writing. In both cases, the judge will be required to consider it and make a decision on it.
In arbitration courts, all such petitions are submitted only in writing.
Application form
The petition for familiarization with the case file is made up in any form, which, fortunately, is not regulated by the legislator, unlike many other things in our lives. To write it correctly, you do not need to be a genius. First, it’s better to take a blank piece of paper, find a pen, sit down at the table and indicate the following necessary information:
- Information about the person who wishes to submit the application, his passport details.
- Information about the court where the application will be sent.
- Information about the remaining participants in the trial.
- Information about the case number.
- Information that the applicant considers important.
- Request for the provision of case materials for review.
- A link to an article of the Civil Code to which this right provides the applicant.
Filing a petition with a court
After the petition for familiarization with the case file has been prepared, it must somehow be submitted to the judicial authority. This can be done in several ways:
- Independently bring the petition to court, personally submitting it to the office.
- Ask someone else to do this. To do this, you need to write a power of attorney, which can be assured by a notary public, in the housing department, at work.
- Submit a request via postal item.
- Send an application through electronic services, via the Internet.
As you can see, there are a lot of ways that an interested person can use, and they are diverse. Which of them will be the most optimal, of course, is up to the applicant himself.
Court proceedings
The application for familiarization with the case materials will be considered by the judge personally and without the participation of the applicant, as well as other persons. As a rule, it does not refuse to satisfy such an application, unless essential points of law are violated. However, in order to find out about the result, the applicant will have to go to court again. Some jurisdictions allow you to find out about a decision by phone by calling the clerk. If the application is not denied, the secretary will fix the date and time when the applicant can come and get acquainted with the case.
Thus, the article discusses how to correctly file a petition in court, however, in order to eliminate the occurrence of embarrassment, it is recommended that you contact a highly specialized lawyer who is accredited in the field of petitions for help. Only such a super-literate office beetle can correctly draw up the necessary statement. If the person concerned wishes to turn to the higher caste, the courts, he will have to bear the risk of possible and, most likely, real negative legal consequences.