Comments on lawsuits. Sample

In the sub. 2 paragraph 2 of Art. 149 ГПК it is established the right to send a response (objection) to the statement of claim. This is allowed during the preparatory stage of the process. This right is possessed by the defendant or his representative, as well as by third parties interested in the case.

general characteristics

The defendant's response to the statement of claim must be clearly formulated and clearly reflect the position of the party. It can be negative and express disagreement with the demands made to it. Also, the statements of claim are neutral. However, as a rule, paper is served, which indicates information proving the innocence of a citizen in a situation or the fact that he has nothing to do with the process at all.

Substantive Content

The response to the statement of claim, a sample of which is presented in the article, may challenge the claims. In this case, they talk about its substantive content. The party in the case relies on the relevant legislation. Such reviews of statements of claim must be supported by a good evidence base. On the basis of it, the court can decide on the groundlessness of claims.

Procedural content

Comments on statements of claim may seek to convince the court of the illegality of the grounds for the proceedings. In this case, the claimed requirements are not refuted. The unofficial party provides evidence against the very organization of the trial. Thus, the dissenting party submits a procedural response to the statement of claim. Example: violation of jurisdiction and jurisdiction, expiration of the limitation period and so on. As the basis can also act as an indication of the decision taken earlier on the identical requirement.

Response to the claim: sample

The structure of the document is similar to other petitions and appeals. Comments on the statements of claim contain:

1. Introductory part. It indicates mandatory details (name of the court, name, address and contacts of the parties).
2. Description. It starts with the title of the document. For example, it could be "a response to a statement of claim for the restoration of a missed procedural deadline in the case ...". In the narrative, the author first of all sets out the essence of the requirements that are presented to him. He then gives explanations on them, points to the actual circumstances of the case. Here the applicant submits his arguments, which must be supported by documents (they will be attached to the objection).
3. Final part. In this section, the author sums up what was written, gives references to the rules of law that govern, and formulates, in fact, a request to the court.

It is mandatory to mention the need to include a review of the materials of the trial. In addition, you should list all the documents that are attached to this paper. At the end, you put a number and a signature with a decryption.

Nuances

When drawing up a review, it is necessary to follow the rules of procedural legislation, in particular, Art. 131 GPC. In addition, you should pay attention to the following points:

1. The descriptive part reflects only those circumstances that directly relate to the case in question.
2. The request should be stated in a formal, restrained business language. Do not speak emotionally. In the petitioner, in fact, there should be a dry statement of the circumstances and conclusions.
3. It is advisable to include in the text references to normative documents that are relevant to the circumstances and arguments of the author. In particular, it is possible to specify articles of the CCP, constitutional provisions, clauses, etc. It is advisable to specify specifically which law norms are violated by the claimed requirements.

It should be said that the response does not always contain the defendant's disagreement with the suit. Often, the information that is present in it, makes it much easier to review the case.

Referral to the court

In the legislation there are no direct restrictions as to the order or method of submitting a response. Send the document to the court that conducts the case. Third parties and the respondent can submit a review within the preparatory stage directly to the office or send it by registered mail. If you choose a mail item, you should do this in advance, in order to avoid delaying the process. All reviewers and the judiciary can review the review.

Appeal to arbitration

In this case, the submission of a review has a number of characteristics. The procedure for sending the document is regulated in the AIC. In the proceedings before the arbitral tribunal, the provision of the response is the responsibility of the respondent. In the content he needs to state his attitude to all the requirements that are presented to him, to give explanations, for each argument. The withdrawal to arbitration can be made using a special form. On the official website of the court, the document along with the applications can be submitted electronically. This significantly saves time and greatly simplifies the procedure for consideration. The withdrawal can be sent to the judicial body and all participants of the process by registered mail. The request should be made so that the parties can examine the document. The paper content is similar to the one described above.

Application for withdrawal of the claim

This right is granted to the party that presented the claims. In fact, it involves rejecting them. The application for withdrawal of the statement of claim can be oral. It is expressed in the courtroom during the hearing. The Registrar, at the same time, makes an appropriate note in the minutes in which the plaintiff subsequently signs. Most lawyers, however, recommend applying in writing. The legislation does not contain strictly regulated rules for its writing. Nevertheless, one should adhere to the business style.

The essence of the appeal

As in the previous cases, the application begins with the indication of the mandatory requisites (the name of the court, information about the participants in the process). In the content should indicate the reason for which the requirements were presented, the date of their submission to the authority. The following are explanations of the reasons why refusal of the claim is made. As grounds, for example, peaceful resolution of the conflict can be made, as a result of which the existing claims simply disappeared. Accordingly, there is no need to prosecute in court. When formulating a refusal, it is necessary to give concise arguments. It is also advisable to refer to specific rules of law and other legislative documents. If the withdrawal of claims occurs in accordance with clause 6 of Article 135 of the Civil Procedural Code, it is possible to reapply the claim in the same subject afterwards. In other cases, the refusal leads to the impossibility of presenting these same claims in the future.

Conclusion

It should be noted that the claim can be withdrawn only if it has not yet been accepted by the court for consideration and no hearing has yet been scheduled. If this is done already during the proceedings, then you can not re-submit the claims. All details about the procedure and consequences of such actions should be clarified in advance.