Request for witnesses: principles, rules of writing

An application for summoning witnesses (sample) can be found on any legal website. However, before you download this or that document, you need to think carefully. Samples and examples of requirements issued in the public domain do not reflect the nuances of a particular case. Therefore, we advise you to contact the lawyer just in case for advice. However, in general, the samples of writing applications have a uniform and logical algorithm, regardless of the specific application.

The concept of

In the trial process, the parties are endowed with initiative. This means that everyone has the right to apply to the court for the purpose of carrying out procedural actions that should lead to an objective examination. An application for summoning witnesses is a written request to a court for a clearly stated purpose. Let us pass to the principles.

Principles

There are many different requirements in the legal process. To enumerate them all does not make sense within the framework of one article. Let us say at once that the petition for calling witnesses does not have a "correct" established form. Each has its own nuances. However, in general, there are general principles:

• There is no single approved form, sample.

• It is not necessary to refer to laws in the application. If the application is not in conflict with the procedural law, it will be required to consider it. However, the reference to legal norms will give legal weight to the document. The court will understand that the applicant knows what he is doing.
• Specificity. The principle of clarity and clarity in the jurisprudence of no one has been repealed. It is necessary to specify the right of everyone to a fair trial that the witness is ready to give evidence, he is provided for, he waits in the corridor. Then it will be more difficult to argue the refusal. The court will have to call a witness, otherwise this will be treated as a violation of the principle of independence of the trial.
• Timing. The ideal option would be long before the court to make a motion to call witnesses. If this is delayed until the last day, the court can treat the claim as an abuse of the law, and refuse.

• Volatility. Before a court it is better to have several pre-opened forms. It is not known how the process will go. Oral statements are often not reflected in the case.

What should contain

An application for summoning a witness to a court does not have special requirements, but it must contain:

• The name of the court;
• Requisites of the parties;
• Data on the witness;
• Justification.

The last point is very important. It is necessary to indicate for what purposes it is necessary to call a witness that he must explain how his information can affect the outcome of the case. This must be taken into account. Otherwise, the request to call a witness in an administrative matter may not satisfy. This also applies to other spheres of law. Not only in administrative matters.

An application for a witness in a civil case, an example

Here is an example of the main part of the petition:

"In the production of the Central District Court of Barnaul there is a civil case No. 763/2016. With a view to an objective and comprehensive examination of the case, I ask you to interview witness A. Ivanov, registered at: Altai Krai, Romanovskiy district, Romanovo, ul. Proletarskaya, d. 15-2, in the courtroom. His appearance was assured, he awaited a call. This witness is a security guard, his workplace is located at the checkpoint of the organization Sirius LLC. He can confirm that he was on October 16, 2016 from 9:00 to 18:00 in the workplace. He saw that on that day I came to work at 8 hours and 50 minutes. From this it follows that the disciplinary punishment that I received for being late is illegal. "

Criminal proceedings

The petition for a witness in a criminal case has its own peculiarities. Main: it is submitted both at the trial and at the preliminary investigation. In a criminal case, one should not drag out the case until trial. Already at the preliminary investigation it is necessary to defend their rights, to prove their innocence. One such tool is similar rules.

The requirements for them are similar, as in other branches of law: it is necessary to indicate for what the witness should be questioned what exactly he will explain. Describing the argument in the requirements for calling a witness is very important. If in the civil case, all the processes are open, then in the criminal case the investigation of the witness is conducted by the investigative authorities. Trust objectivity is better not worth it. Therefore, it is necessary to indicate what exactly it must confirm. If the witness interview protocol is not based on the arguments in the petition, you can refer to violations of the objectivity of the investigation.

Refusal to call a witness in criminal proceedings

The requirement to call a witness in criminal cases can be rejected by the investigative authorities. In this case, it is necessary to file a complaint with the prosecutor's office. This can be done with the most "loud" phrases: violation of constitutional rights and freedoms, violation of objective and comprehensive investigation, etc. Such language can play into the hands of the court.

Conclusion

Samples of writing petitions will not help in the case on their own, if you do not know some of the nuances in writing. Therefore, we still advise you to contact lawyers for their drafting and filing. This can not only save time, but money. In criminal cases, you must always hire a professional lawyer.