- It is submitted to the judicial authorities at any stage of the proceedings, including stages when the decision has already been made or is being executed by the persons concerned;
- Applications are accepted as in the course of consideration civil lawsuits and in solving complex situations in family, labor and other legal relations;
- If the petition is sent during the proceedings, it can be submitted orally, but the best option is a written form that allows you to attach the document to the rest of the materials;
- The petitioner must be correctly executed (the structure of the application, its format are observed, the main information about the situation and contact information of the persons participating in the proceedings are stated).
A petition is submitted to the arbitration court or other judicial bodies (district, global, etc.). Everything will depend on the circumstances of the case, the cost of the claim, the participants in the proceedings (physical and legal entities, entrepreneurs and others) and other nuances. There are also several types of petitions.
What are the types of petitions to the court?
An application may be sent in relation to any circumstance of an existing case or to initiate a new proceeding. In it, you can ask to appoint an examination, collect expenses for the services of lawyers, provide certain evidence, invite witnesses, and so on. Separately, it is worth highlighting the appeals in order to restore missed deadlines:
- it is possible to apply to the judicial authorities only within a certain period established by law;
- there are also periods for handling comments on the protocol, appeal or other complaint;
- if any are missing, it is necessary to apply for their restoration;
- in this case, it will be necessary to present valid circumstances that caused the non-compliance with the deadlines.
Sometimes the result of a petition in court is a postponement of the proceedings if one of the parties states so in the petition. In some cases, a person applies for recognition of a claim or clarification of requirements. Also, the defendant or the plaintiff may challenge a particular judge or expert.
In each situation, a petition is drawn up and submitted, which must be executed in accordance with the law. For its consideration, too, its own features and rules are provided.
How is a petition filed and considered in court?
In writing, the appeal is submitted, and orally - declared, in the process of considering the dispute. Sometimes it is allowed to file a petition at the same time as filing a claim. In this case, the plaintiff may apply for securing the claim. The remaining petitions are submitted during the proceedings or at the end of such. A well-formed sample application to the arbitration court can be found on the Internet or directly in judiciary. But it is better to contact an experienced lawyer for its preparation.
After considering the application, the judge decides whether to satisfy it or refuse to satisfy the requirements. Based on the results, a specific definition is made. However, sometimes you can do without them, simply by making certain entries in the minutes of the meeting. So, for example, they act in the case of a request by one of the parties to call witnesses to testify. When the judge has issued a ruling on the petition, the dissenting party has the right to file a private complaint against this court decision.
What is the structure for filing a petition with the court?
Any application within the framework of the dispute must be executed in accordance with the Civil Procedure Code of the country. If it is submitted orally, then it must be formalized in writing. The form in which a petition for consideration of a case in court is drawn up depends on the circumstances of the dispute. However, you should adhere to general recommendations that are universal for each type of application:
- the application must begin with an introductory part, which sets out information about the parties to the proceedings and the judicial authority to which it is sent;
- the following lists the circumstances that gave rise to the petition (need for clarification, proof, etc.);
- after that, a direct request is set out - the appointment of an examination, the attachment of the case materials to the claim, to identify new facts about the situation under consideration;
- at the end, it is necessary to provide a list of attached documents that are evidence of the facts presented or the need for certain procedural procedures;
- at the end of the appeal, the date of its compilation and the signature of the applicant with a transcript must be put.
All materials attached to the application must be properly formatted in accordance with the provisions of the law. Knowing how to write a petition to the court, you can easily exercise your own rights during the proceedings. At the same time, it is important to make such petitions in time, otherwise you may miss the chance to make a positive decision on the petition. And a qualified lawyer will help you figure it out.
Separately, it is worth following the preparation of papers attached to the application. It is necessary to make as many copies of documents as there are persons involved in the case. Moreover, copies sent to the court must be certified by a notary. Otherwise, you will have to verify the authenticity during the meeting. If you request the involvement of witnesses or third parties in the proceedings, you must provide their contact details so that the judge can send a notice of summons to the hearing.
Requests for the recovery of the costs of the examination or lawyers from the opposite side, as a rule, are sent after a decision is made in favor of the applicant. There are other nuances, depending on the specifics of a particular case.
Sample request to courtcan be found on almost any Internet resource related to this topic. However, there are no two similar judicial situations, therefore, even if you find a template that looks suitable at first glance on the Internet, you should carefully study it and analyze it for compliance with a specific case. Regulatory sources, regulating the rights of participants in legal proceedings to express their will in the form of a petition, require careful and scrupulous attention and do not tolerate inaccuracies. How to choose the right sample and make a competent petition to the court is described in this article.
Petitions to the court: what you can ask the court
The right of any party to the process to file petitions with the court is enshrined in several laws at once: in article 119 of the Criminal procedural code Russian Federation, Article 41 of the Arbitration Procedure Code of the Russian Federation and Article 35 of the Civil Procedure Code of the Russian Federation - which one to use depends on the type of trial. In any case, the petition can be, in fact, about anything - the only question is whether it will be granted. The chances of a positive decision are significantly increased if the application is correctly drawn up and if there are legal grounds for it.
The most common types of applications received by the court are:
- on the reclamation of documents from various authorities;
- on the appointment and production of a forensic examination (construction and technical, motor transport, accounting, psychiatric, handwriting, trace analysis, etc. - depending on the subject of the trial);
- about the invitation of an interpreter, expert, specialist;
- on taking measures to secure the claim;
- on involvement of a third party in the case;
- on the replacement of the defendant;
- on the issuance of copies of documents (video, audio recordings);
- on the demand for evidence, etc.
It is impossible to list all the existing petitions: none of the existing laws does not contain an exhaustive list of them, since it is impossible to foresee all the situations that may arise during the trial.
How to write a petition to the court
Speaking about the requirements for petitions submitted to the court, we can formulate several basic principles for its preparation:
I.Normative reinforcement
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The procedural codes do not provide for an established application form, so it can be drawn up in free form. Formally, when making a petition, it is not necessary to refer to the law, but it is still better to indicate specific rules of law that confirm the arguments of the applicant - in this case, the probability of refusing to satisfy the request is much lower.
II.specifics
In order to deprive the court of the possibility of a double interpretation of the stated request and subsequently facilitate the procedure for appealing against the refusal, if any, the operative (request) part of the petition should be formulated as clearly and concisely as possible. For example, if we are talking about inviting an expert to a court session, you should indicate a specific person with a note of readiness to ensure his appearance at the time appointed by the judge.
III.lead time
It is best to prepare a petition to the court in advance. Yes, there are situations when this has to be done right during the meeting, but this is rather an exception. Moreover, it is often not only difficult, but completely impossible to predict the development and outcome of a trial, so in some cases it makes sense to prepare several versions of the petition at once in order to be able to quickly choose the most suitable one. Take, for example, motion to set aside court session - the motivational part may differ depending on the situation (the need to call a failed or newly declared witness, the appointment of an examination, the applicant's state of health, etc.).
Where can I find a sample petition to the court
In the absence of a practicing lawyer among your acquaintances, the answer to the question of how to write a petition to the court can be found in two ways: seek professional legal assistance or visit the relevant resources of the World Wide Web. In the first case, however, you can save yourself not only from the torments of creativity and the need to comprehend the basics of law, but also from a certain amount of banknotes. Therefore, if the budget does not allow this, you will have to act on your own. Below is step-by-step instruction on a competent search for a sample of the required application:
- Examine search results for a given query, select several samples.
- Highlight the references to the legislation indicated as a justification for the application.
- Familiarize yourself with the given rules of law in the source. Make sure that the law (decree, by-law, etc.) is up to date - if the document is no longer valid, then there should be a corresponding note about this.
- Compare the selected samples with each other for their compliance with each other in terms of legal justification.
Important: Before proceeding with the preparation of a petition according to the model, it is necessary to carefully study the available documentation on the trial and make sure that the sample found corresponds to the specific situation. For example, application for a deferred payment of state duty- the procedure for its provision is regulated tax code, and the grounds are indicated in the decision of the plenum of the Supreme Arbitration Court of the Russian Federation No. 6 dated 20.02.1997. However, this ruling applies only to arbitration processes. Therefore, if the case is considered by the court general jurisdiction, you will need to look for another, more suitable sample.
In the process of judicial consideration of various cases, unforeseen situations often arise. Additional evidence and witnesses may appear, any party involved may have the opportunity to clarify any issues, etc.
Also, one of the participants can make any procedural violations. To draw the attention of the court to these and similar points, it is necessary. In legal terminology, it is called a petition.
A petition to the court is a request
The dictionary meaning of the concept "" means a document that contains a request for some action. The procedural law system treats a petition as Official statement or a request made to the court as a whole, a judge or a prosecutor. It can be both oral and written.
Oral applications are submitted directly during the session and are immediately considered by the court. In this case, the judge may retire to the conference room or immediately give an answer: positive or negative. Lawyers recommend submitting applications of this nature in writing.
If the petition is prepared in advance, this can be done right in the courtroom during the trial. If the application must be submitted before the proceedings or after its completion, the drawn up document is personally transferred to the court office, whose employee puts a mark of acceptance on it. Also, the application can be sent by mail in the form of a registered letter, in this case, an inventory of the contents of the envelope is enclosed in the letter, drawn up indicating the addressee, the number of documents sent and their contents.
Consideration of a written petition by the court ends with a ruling drawn up in writing. The definition contains information on the decision made - whether the application will be considered or rejected. In any case, the decision of the court can be appealed later in case of disagreement with the decision.
In what cases are petitions made?
Reasons for applying are varied.
The requests that are made to the court are quite diverse. Most applications are made in several main categories:
- – requests for the appointment of examinations, primary or additional, the involvement of other experts, statements of disagreement with the results of the examination.
- Litigation Costs - Payment Consideration Applications court costs(and others): deferment, installment plan, exemption from payment, recovery of expenses.
- Deadlines for actions - statements on the deadlines for filing complaints and protests, appeals on disputes, appeals to the court.
- Execution progress judgments– applications for postponing and installment execution of decisions, changing the order of execution, clarification of the decision, familiarization, initiation or cancellation enforcement proceedings.
You can also apply for the following:
- issuance of a court decision;
- issuance of copies of documents;
- filing a claim;
- inclusion of evidence;
- involvement of an interpreter or representative;
- removal of the prosecutor;
- attachment of documents;
- replacement of the defendant;
- summoning a witness and much more.
You can petition on almost any issue in an effort to realize your procedural rights fully. You can also file an application for withdrawal of a previously submitted application.
Who can apply
Any participant in the proceedings may file a petition
All persons participating in the proceedings have the right to file or withdraw a petition. The following are the directions for filing applications and the persons who have the right to make them:
- – persons having the right to initiate bankruptcy arbitration.
- Constitutional Court - subjects and persons entitled to apply to this instance.
- Petition for pardon or review of the decision - the convicted person, the administration of the institution for the execution of sentences.
- Proceedings in civil cases - defendants, plaintiffs, their representatives, third parties, officials empowered representatives of various interested organizations.
- Supervisory authorities - any persons, their representatives, representatives of organizations.
- Proceedings for the commission administrative offenses- plaintiffs, defendants, lawyers, experts, public prosecutor.
- Proceedings in cases of committing criminal offenses - suspects, accused, their representatives, lawyers, public prosecutor.
- Petition statement - legal right persons prescribed in the Code of Civil Procedure Russian Federation.
You can see a sample request:
The procedure for compiling and submitting
How to write a petition to the court, a lawyer will tell
The application is drawn up on a blank sheet of A4 paper in handwritten or typewritten form. There are certain standards for filling out such forms.
Samples can be easily downloaded from various Internet resources, or you can familiarize yourself with the filling rules directly in judicial institutions by examining information boards.
Another option for filing a petition is to contact the services of qualified employees law firms for a fee. A lawyer will help you correctly draw up a statement and correctly reflect its essence.
In the upper right part of the sheet, a “cap” is written containing:
- title court to which the applicant applies;
- surname, name, patronymic (if any) of the applicant, his data to ensure the possibility feedback with him (contact phone number, e-mail address, address of actual residence, etc.);
- last name, first name, patronymic of the defendant (if any), his address of residence (if the organization acts as the defendant - the address of its location) and other contact details, if any.
Below, in the central part of the sheet, the word "Petition" is written with a capital letter. Below it is the text of the appeal, which sets out the essence of the request or statement. The date of compilation, the signature of the compiler and its transcript (surname and initials) are put under the text.
In the heading, any person entitled to file a petition can be indicated as an applicant: the plaintiff, the defendant, the suspect, the accused, the representative of the plaintiff or the defendant, the lawyer of the plaintiff or the defendant. Various supporting documents (examination results, copies of certificates, identity, certificates, etc.) may be attached to the application form, if available.
The court has the right to reject the petition filed by the applicant. This can happen in the following cases:
- The name of the court is incorrectly indicated (this court does not deal with the issue on which the applicant applied).
- The applicant is a legally incompetent person (in this case, he must have a legal representative).
- The applicant personally filed a withdrawal of the previously submitted application.
- Violation of the order of pre-trial proceedings of the dispute between the plaintiff and the defendant.
- The applicant is not entitled to draw up and submit petitions.
- The presence in the consideration of this court of a similar case with the participation of the same persons.
According to the Code of Criminal Procedure of the Russian Federation, the petition filed by the applicant must be considered immediately after the moment of filing. In case of impossibility of timely consideration of the instance, a period of 3 days is provided for issuing a response.
AT modern world a person must be savvy in various fields of activity for the successful resolution of situations in which he may fall. Knowing the rules for drafting petitions, the procedure for filing them with the court and consideration, it will be easier for him to protect his rights.
How to draw up and file a claim with the court, a video consultation will tell you:
dated 16/01/2019
In the process of considering civil cases, the parties are endowed with initiative, which means the right to apply to the court with petitions. A petition, or application, is a written request to carry out certain procedural actions that are important for the proper resolution of civil claims, labor, family claims and all others. The persons involved in the case may file a petition with the court orally, but it is better to draw up such documents in writing and attach them to the case file.
Types of petitions to the court
It is on the initiative of the party, understanding the essence and prospects of the case under consideration, knowledge of the basic rules of the trial that the result of the case often depends. Therefore, on the site you can find examples of petitions for the presentation of evidence to the court, obtaining assistance in obtaining them, for the appointment various kinds expertise.
Separate types of petitions are applications for the restoration of missed deadlines. The rules of substantive law give the party of the case a period during which it is possible to apply to the court. For example, when filing a labor claim for reinstatement, it is a month. Installed and procedural terms(Code of Civil Procedure of the Russian Federation), for example, the deadline for submitting comments on the protocol, filing appeal, a private complaint, etc. And life circumstances can develop in different ways. Turning to applications for the restoration of deadlines, you can justify the validity of the reason for missing the deadlines and protect your rights.
In the course of the proceedings, you can exercise the right to postpone trial, recognize the claim, clarify the requirements, challenge the judge, expert, etc. All these procedural actions must be formalized by filing an appropriate petition with the court. Using our website, it will not be difficult to prepare them yourself.
Submission and consideration of applications to the court
A written petition may be filed (and an oral statement) directly during the consideration of the case. Some applications may be submitted at the same time as statement of claim(on securing a claim), others in litigation and after the end of the proceedings.
The petition is resolved by satisfying it or refusing to satisfy it, about which a court ruling is issued. For some types of petitions to the court, for example, to call witnesses, the decision on its consideration by the court is entered into the minutes. A private complaint may be filed with the court against the ruling of the court based on the results of consideration of petitions.