Petition to the court: algorithm for drawing up, deadlines and procedure for consideration.

What is a petition

There is no direct answer to what such a petition is in court in a civil case in the Code of Civil Procedure of the Russian Federation. In Art. 411 provides a list of details for a specific application to the court, from which a conclusion is drawn about the approximate structure of the document. This procedural document is also used in other legal proceedings. This is a written appeal to the court, which participants in all types of legal proceedings have the right to submit in accordance with the legislation in force in the Russian Federation:

• civil (clause 1 of article 35 of the Code of Civil Procedure of the Russian Federation);
• arbitration (clause 1 of article 41 of the Arbitration Procedure Code of the Russian Federation);
• criminal (clause 1 of article 119 of the Code of Criminal Procedure of the Russian Federation);
• in cases of administrative offenses (clause 1 of article 24.4 of the Code of Administrative Offenses of the Russian Federation);
• in cases arising from administrative and other public legal relations (clause 5, clause 1, article 45 of the Code of Administrative Proceedings of the Russian Federation).

The addressee is always the court. Since it is impossible to foresee all possible situations, the current legislation does not establish an exhaustive list of appeals to the judicial authority. In practice, process participants most often ask for:

• to adjourn the meeting;
• on reinstating the statute of limitations;
• on requesting evidence;
• on clarification of claims;
• on the appointment of a forensic examination (handwriting, construction and technical, medical);
• on taking interim measures;
• about calling a witness, translator, expert;
• on involving a third party in the case;
• about replacing an inappropriate defendant;
• about familiarization with the case materials;
• on the collection of legal costs (including for a representative).

The judge has the right to refuse:

• if the essence of the appeal does not fall within the competence of the body;
• if the appeal is made by persons who do not have the right to represent the interests of the citizen in whose interests the application is made;
• if the issue has already been considered and a decision has been made on it.

If the application is rejected, the judicial authority notifies the interested person within five days and returns the application with the documents attached to it. This decision can be challenged in a higher authority.

Is there a trial coming up? Study court decisions on similar cases. The database of judicial practice in ConsultantPlus will help you find them (get free access to it by clicking on the link below). The database contains decisions of all Russian courts, and the search is as simple as in Yandex. Be sure to refer to those cases that the court decided “in your” favor.

Signatures

At the end of the letter in defense of the employee, there must be signatures of all persons who share the point of view presented on paper. Moreover, they should be named both generally (for example, “warehouse employees”) and by name.

After the main content of the document there is usually a special list or, for convenience, a table. It lists:

• Full name of the signatory;
• his position in the organization (if any);
• contact phone number, address;
• and the signature itself.

The presentation of this data is necessary in order to avoid the unfoundedness of the compiled documentation.

There are times when one collective letter does not bring the desired result. If this is the case and the decision is made to write something new, then it may be more convenient to have a ready-made list of signatures.

In order not to collect signatures several times, it will be more convenient to place the table with “autographs” on a separate sheet and call it “Appendix 1”.

The text of the letter contains a link to the generated application.

If signatures are drawn up on a separate sheet, then when generating the next letter to another person (for example, to a higher, controlling organization), you will not have to collect them again.

How to draw up a document correctly

General rules on how to draw up a petition to the court are not presented in the current legislation, the codes do not provide for any mandatory requirements for the document, and the unified form has not been approved. But for certain types the structure and required details are indicated, as for example in Art. 411 Code of Civil Procedure of the Russian Federation. The article says that the appeal must indicate the names and details of the parties, state the request, and attach evidence confirming the grounds for filing the request. It is recommended to focus on this structure when compiling.

Recommendations on how to correctly fill out an application and how to form the structure of an appeal:

1. Compose the introductory part at the top in the right corner. It includes a header indicating the name of the court, full name. and contact details of the plaintiff and defendant (last name, first name, patronymic and address - for individuals, name of institution or organization and address - for legal entities), case number and surname of the judge for quick identification.
2. Separate the main part and place it in the center. Here it is necessary to state the essence of your request, the arguments that will contribute to the satisfaction of the request. Here it is written what procedural actions you expect and why they are necessary. It is recommended to support your requirement with references to the relevant provisions of the current legislation. Regulatory justification is not necessary, but is desirable; it will simplify the procedure for considering the application.
3. Highlight the operative part. In this paragraph it is necessary to indicate specific requirements, “I ask you to postpone the consideration of the case” or “I ask you to involve me as a third party,” etc.
4. Sign and date the document.
5. Provide a list of materials that you attach to substantiate your requirements.

When drawing up an appeal, do not forget about certain rules for drawing up procedural documents. The law does not set out the rules for writing a petition; the main thing is to follow the structure and state the request clearly and competently (references to legal norms are not mandatory, but desirable), and provide reasons for satisfying the request. Design by hand is allowed, not on a computer. It is recommended not to use abbreviations, slang, corrections (it is better to rewrite), and write legibly by hand.

To write, it is not necessary to seek professional help; in most cases, this procedure is not difficult. But we must remember that the court does not provide advice; on the contrary, proving one’s position is an integral responsibility of the parties. If writing an application is difficult, it is recommended that you contact a lawyer. Court employees are also not required to advise citizens. Typically, the courthouse contains current examples and samples of petitions (blank), and forms of other procedural documents. For those who easily navigate the Internet, it will not be difficult to find how to write an appeal to the court - samples are posted on the official websites of judicial departments. For those who prefer to communicate with consultants directly, here is some advice: near the location of the judicial authorities there are often law firms whose employees are professional representatives in court hearings.

There are no general requirements on how to correctly file a petition in court in a civil case, but for individual petitions only a written form is provided - for an examination, for the collection of expenses for a representative. If the obligation to comply with a written form is not expressly stated, an oral statement is allowed and recorded in the minutes of the court session. It is recommended to use a written form; outside a court hearing, a written appeal is transmitted through the office, by mail, or through the court’s website (with an enhanced qualified electronic signature). With any method of filing, the appeal is issued according to the number of persons participating in the case, so that they can familiarize themselves with the materials of the case in a timely manner.

Destination

A collective letter in someone's defense can be addressed to both a legal entity and an individual. It can be compiled by both employees of an individual entrepreneur and an LLC. Moreover, a collective letter can unite employees from different departments of the same organization.

Any citizen of our country has the right to express his opinion regarding any actions or intentions of another. Therefore, a collective letter in defense of an employee can be drawn up by any group of people who have the same position on this issue. As for the number, two signatures are enough for a collective letter.

The only requirement is accuracy and specificity. Emotional remarks and digressions are useless in an official document.

You can also send the paper to authorities (a specific official in this organization), managers of various ranks and levels.

Sample request to postpone a court hearing

Drawed up when it is impossible to ensure attendance at a court hearing. The reasons must be valid, in accordance with Art. 167 Code of Civil Procedure of the Russian Federation. The party must also provide evidence that the circumstances preventing attendance at the court hearing were valid. The court has the right to refuse to satisfy the petition. The time of the next hearing is determined by the judge taking into account his own employment, the wishes of the parties are taken into account.

According to judicial practice, the following reasons are accepted as valid:

• health status;
• actual impossibility of presence (business trip, departure);
• participation in another court hearing (for legal entities only if it is impossible to ensure the presence of another representative), etc.

Example of a completed document:

Time

In business correspondence, the timing within which certain actions are taken is of particular importance. In order to prevent, for example, the signing of a dismissal order, petitioners can politely ask for a response to the collective letter within a specific time frame.

You can specify “soon” or “immediately” as a reference point. The beauty of writing such letters is that the free form of presentation does not impose significant restrictions on the author.

Sample request to call a witness

It is drawn up when it is necessary to participate in the case of a witness who can confirm or refute circumstances important for the consideration of the dispute. In order for the judicial authority to consider it quickly and in order to make a positive decision, it is recommended to immediately indicate who assumes the responsibility to ensure the attendance of the witness. The presence of witnesses in the courthouse at the time of the trial does not guarantee their involvement in the case; it determines the value of their testimony for the case. It is necessary to take into account that the given sample petition is applicable only in civil proceedings; for criminal proceedings, a different form is required.

A sample procedural appeal is not always required; you can formulate your appeal to the court directly at the meeting if such a need arises; it is enough to know the general rules for drawing up procedural documents.

Compilation rules

First of all, a collective letter is a business document. It should contain polite requests to take into account some of the nuances of the case, show compassion towards the employee, or take into account his positive qualities.

Under no circumstances should you use colloquial expressions, become rude, threaten or be rude. This will not contribute to making a constructive decision on any issue.

The most effective collective letters in defense of an employee are written competently, reasoned, with a specific statement of the problem and a polite request. The attached sample and letter form, of course, are not the only possible form of presentation. They only outline the line of presentation.

Registration

In order for the document to have legal force, it is sufficient only to collect the signatures of all persons involved in the protection of the employee. However, for insurance purposes, so that it can later be possible to prove the existence of the letter, it is registered. It’s good if the company has a secretary position, and the letter is addressed to the manager. Then you can note the fact that the document exists with the secretary.

If desired, you can appoint one employee as an authorized person so that he accurately reflects the general opinion.

Actually, this is how it is always done. The most proactive, encouraged by a large number of employees with a coinciding point of view, forms a document, collects signatures, etc.