It often happens that citizens ororganizations can not solve the issue peacefully, and therefore they have to apply to the courts to resolve the dispute, and for this it is necessary to issue a statement of claim and attach to it all available documents. This is the law. In addition, the documents that must be obligatory attached to the claim are specified in Article 132 of the Code of Civil Procedure of the Russian Federation. Thus, the application must not be submitted to the judicial authority without payment of the state duty, power of attorney, confirming the representative's authority and written evidence, on which the plaintiff bases his demands.
Need to know
Before the claimant sends a claim to the courtbody, he must very carefully check all the documents on which he bases his demands, are attached to him. In addition, if a statement of a property nature is submitted, the person must also pay a state fee. As a rule, it can be done in any financial institution. Some ships also have terminals for entering duties.
In addition, copies of the claim must be attached tothe very statement on the number of respondents. This is indicated by the norm of Article 132 of the Code of Civil Procedure of the Russian Federation. If the applicant himself does not want to take part in the process, instead of sending a representative instead, the powers of the latter must be confirmed by a power of attorney. This document must also be attached to the claim.
How should I draw up?
As a rule, most modern peopleprints lawsuits using a computer, and then in this form passes to the judicial authority. Nevertheless, these documents can be issued in writing, the main thing is that everything was clear and clearly written. In other words, copies of the statement of claim must be as many as the respondents participate in the process. This is indicated by the stat. 132 of the Code of Civil Procedure of the Russian Federation.
Copies of all documents attached to the claim do not require a notarization, because their authenticity will be verified by the judge during the meeting.
Of course, the powers of the representativeplaintiff-citizen must be issued in the form of a power of attorney, which must be notarized. While the powers of a lawyer should simply be written on paper and certified by the head and seal of the organization.
One of the most important documents thatit is necessary to attach to the claim of property nature, it is considered a receipt on transfer of state duty to budget revenue. This is the law. Therefore, the application of this document is considered mandatory, as it is specified in art. 132 of the Code of Civil Procedure of the Russian Federation.
Of course, if it comes to compensationmoral harm or recovery of alimony, the plaintiff does not need to pay anything. But in the event that it is a question of section of an apartment house, a car, an apartment, the transfer of state duty is mandatory.
Carried out in the event that it is provided by law or contract.
In some cases, a claim must be attacheddocuments confirming the fact that the applicant tried to resolve the issue with the other party to the dispute peacefully. As a rule, this applies to legal entities and entrepreneurs.
For all claims, whichthe 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 document was sent to the respondent.
Evidence supporting the conduct of a mandatory pre-trial order of dispute settlement must be attached to the claim. This rule is spelled out in Art. 132 of the Code of Civil Procedure of the Russian Federation.
Confirmation of circumstances
It should be reflected in the documents attached to theclaim. Thus, the plaintiff, who bases his claims on written evidence, is obliged to attach their copies 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 their copies.
Such securities include: a certificate of ownership of the apartment, a receipt for the purchase of the plaintiff of furniture and equipment (if it concerns the release of things from arrest), various civil and employment contracts.
Thus, the person who files the claim ina judicial body, it is necessary to attach to it documents confirming the circumstances to which it refers in its application, as well as their copies for the other party to the dispute and interested persons, if they do not have the latter. This rule is spelled out in the norm of Art. 132 of the Code of Civil Procedure of the Russian Federation.
Formation of documents
Art. 132 ГПК the Russian Federation testifies that to the statement of claim it is necessary to put the certain list of documents. This is necessary to ensure that the court before the meeting could get acquainted with them and already make a small conclusion about which of the parties is guilty of the dispute.
The claim and its annexes can be numbered and stitched. Also, the applicant must bear in mind that the documents are submitted in several copies:
- for the court (a check on the payment of the state, a claim, a power of attorney for a representative and a copy of the plaintiff's passport);
- defendant (this is usually only a copy of the application);
- for a third party, you must attach a duplicate of the claim.
All the papers attached to the application needdecompose in the order in which they are listed in the list. It should also be remembered that documents can be exchanged after the start of the hearing, the parties can only through the court.
How correctly to submit?
Before bringing an action to a judicial authority, it is necessarypre-call there and find out the hours of reception of documents and the number of the office. Because in the event that a person comes with papers not at the set time, then no one will accept it from him. In addition, before visiting the court it is necessary to collect all applications that confirm the plaintiff's position. It is also necessary to remember here that copies of the claim are attached to the application by the number of respondents and other persons participating in the process. This norm is fixed in Art. 132 of the Code of Civil Procedure of the Russian Federation.
The transfer of documents to the court is not an easy task, but it requires preparation and collection of all necessary papers. After all, this is indicated by the law.
It should also be noted that the application must include a list of all documents attached to the application. This rule is specified in art. 131, 132 of the Code of Civil Procedure of the Russian Federation.
In addition, the plaintiff should be aware of the fact that hecan not fail to accept the application without certain reasons. But if it still happened, then it is necessary to send a suit to the court with a registered letter with a notification and wait for an official reply.
After all, an employee of this authority may not accept the application only if it does not comply with the standards specified in Art. 131, 132 of the Code of Civil Procedure of the Russian Federation.
What decision can be made?
After the case is referred to the judge, he mustcarefully look at it and only then take it to production. To perform this function, he is given five days. In the event that the judge finds substantial violations in the claim, he will return it for correction. Therefore, before submitting an application, you need to carefully look at all whether there are applications, and also to check whether they are listed in the claim. It is also necessary to make sure that the claim was signed personally by the plaintiff or his representative (in this case there should be a power of attorney). If the specified requirements of Art. 131, 132 ГПК the Russian Federation will not be observed, the court will not accept the application for consideration.
Before submitting an action to the court, the following documents must be attached to it:
- copies of the application (in accordance with the number of respondents and interested parties);
- receipts for payment of the fee;
- power of attorney for a representative (if the claim is not signed by the applicant himself);
- evidence supporting the plaintiff's claims.
This list is approved art. 132 of the Code of Civil Procedure of the Russian Federation. With comments to it you can not disagree. After all, without the application of these documents, 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 side peacefully, and also to calculate the amount due to which the conflict occurred.
In the event that the required documents are not attached to the claim, the court shall be entitled not to accept such application for consideration on the basis of Art. 131, 132 of the Code of Civil Procedure of the Russian Federation.
A citizen filed a lawsuit on divorce with hiswife. A week later, by mail, a man received a response from this authority that his application was not accepted for production because the appendices do not have a certificate of marriage. In addition, the citizen did not attach a check to the claim for payment of the fee, although this had to be done, because this is indicated by the CCP. Articles 131, 132 also state that a certain list of documents should be attached to the claim.
Nevertheless, a man with this court rulingdid not agree and appealed to a higher authority. But there he also received no positive response. Moreover, the court of the second instance explained to the citizen that the execution of the claim and the attachment of documents to it should be made taking into account the norms of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation.
The citizen again brought his statement and attachedto him the original of the marriage certificate and the receipt for payment of the fee. This is required by law. In addition, the man wrote by hand a second copy of the claim (copy) for the defendant, since the CCP norm indicates this. Articles 131, 132 of which also confirm the fact that a certain list of documents must be attached to the claim.