Law, Regulatory Compliance
Samples of petitions. How to write a petition in court?
Samples of petitions can be found on any legal website. However, before you download this or that document, you need to think carefully. Samples of applications submitted in general access 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.
Promotion
An application for rewarding an employee does not have special requirements. It is given in the name of the chief head of the department head to a specific subordinate. Despite the absence of a clear form, it is still necessary to specify in it:
- Characteristics of the employee, both labor and personal;
- Description of merit.
So, how to write a petition. Sample: "Employee AA Ivanov has proved himself on the positive side. During his work on selling household appliances, the department's profit increased by 30%. AA Ivanov has been working in the organization for more than a year, he works responsibly, is respected and respected by his colleagues. Proceeding from the above, I apply for the promotion of this employee an extraordinary bonus. Director of the Branch, AA Petrov ".
Samples of motions for rewarding look about the same. There must be an obligatory description of the merit, for which, in the opinion of the applicant, a person must be awarded.
How to write a petition to the court: sample
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. A petition is a written request for a clearly stated purpose.
The principle of judicial motions
There are many different requirements in the legal process. To enumerate them all does not make sense within the framework of one article. We list some examples of petitions for a general understanding of the picture. We will say at once that there is no correct, established form.
Each petition 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 requirement does not contradict the procedural legislation, it should be examined without fail. 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 jurisprudence has not been canceled. Take, for example, a petition for a witness. It is necessary to specify the right of everyone to a fair trial, write 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 file a petition, for example, on demanding evidence, on forensic examination, calling a witness, etc. If this is delayed until the last day, the court can treat the claims as abuse of right and refuse.
- 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. Having several pre-prepared motions, including directly opposite ones, you can make sure of "surprises". For example, on the challenge of a judge, on the appointment of an expert examination, on demanding new evidence. It should be remembered that if a court rejects a claim, it can be referred to in an appeal and demanded again. If there were no first-instance petitions, and they are needed in the case, the second instance, most likely, will refuse to join.
In addition to universal principles, there are separate rules for certain types of motions. Here are a couple of examples.
Term restoration: sample of writing a petition
The most frequent application is for the restoration of the term, because people do not always know that they have become participants in litigation. In addition, there are objective cases where the party was unable to file the necessary statements, complaints, petitions (illness, business trip, etc.).
So, how to write a petition? A sample application for recovery is provided below.
"The Mamontovsky District Court of the Altai Territory ruled in civil case No. 223/16 of 10.10.2016 on the recovery of Ivan Ivanov, Ivanov, on September 09, 1988, in favor of OJSC Creditor, the amount under the loan agreement dated 05.10.2015 in The amount of 15,903.34 rubles, as well as state duty of 456 rubles.
I learned about this decision only on 22.11.2015, because I was on a business trip. Copies of the order, the time sheet are attached. As a result, I missed the deadline for filing an appeal against this decision. On the basis of the foregoing, I ask you to restore the missed deadline for filing an appeal. Together with this petition I file an appellate complaint in accordance with the procedural legislation ".
This species has a number of features:
- Served in the court where the case will be examined. An exception is the cassation instance.
- Together with the application for restoration, you must submit the document, the permission to file which you need to achieve.
These are the moments you need to know. If you find a sample of writing a petition without an appropriate explanation, then you can miss something.
Demanding evidence
An application for the requisition of evidence must contain a list of necessary documents. In addition, it must necessarily indicate in writing how they will affect the case in question. If this does not happen, then the chance of rejection will be higher. How to write a petition correctly? The sample will help you with this.
"In the production of the Volga District Court of the Samara Region there is a civil case No. 764/2016. For the purpose of objective consideration of the case, I request that the following copies of documents be requested from the defendant:
- Job description;
- Time sheet;
- employment contract.
These documents contain my working time, place, nature of my work. Therefore, they can prove that my dismissal was illegal. "
Conclusion
Samples of petitions will not help in the case on their own, if you do not know some of the nuances. Therefore, we still advise you to contact lawyers for their drafting and filing.
Similar articles
Trending Now