Request to leave a claim without consideration: sample

A document such as a petition means a written request from one of the participants in the trial to perform the appropriate actions guaranteed by his procedural rights. You can submit a petition in both arbitration and civil proceedings.

Procedural legislation provides for cases in which a filed claim may be left without appropriate consideration (Article 122 of the Civil Procedure Code of the Russian Federation, Article 148 of the Arbitration Procedure Code of the Russian Federation):

• when in judicial proceedings a legal dispute is considered between the same persons, in relation to the same subject, and on the same grounds;
• if the parties do not comply with the pre-trial procedure for resolving a controversial issue;
• when filing/directing a claim by a person who does not have the authority to do so, or who has the status of incapacitated;
• there is an agreement to refer the dispute to arbitration;
• when the plaintiff repeatedly fails to appear in court and there is no application to consider the case without his participation, provided that the defendant insisted on considering the case on the merits or when none of the parties arrived in court and the corresponding petitions were not filed;
• in the case of establishing legally significant facts, a dispute regarding the law has arisen;
• if the submitted claim is subject to consideration within the framework of a bankruptcy case;
• when filing a claim for legal costs.

Such a document as a petition to leave a filed claim without consideration can be submitted only after the court has accepted this statement of claim for its proceedings.

The introductory part of the document must contain the full details of the persons participating in the trial and the name of the judicial body where the statement of claim is being considered, within the framework of which the petition is being filed.

The descriptive part must indicate in detail all the reasons for which the court needs to make a decision to leave the filed claim without consideration.

And finally, the operative part should directly describe the requirement to leave a specific claim without consideration.

If such a need arises, in order to support the arguments for the requirement set out in the petition, it is necessary to attach to it the appropriate evidence base, which can play a decisive role in satisfying the request made by the interested person.

The results of the consideration of the petition submitted to the court are formalized by the latter in the form of a ruling. It should be taken into account that the decision to satisfy or reject the submitted petition relates to the exclusive right of the court hearing the claim.

Important point! At the current stage, such regulatory legal acts as the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation do not provide for the possibility of appealing court rulings that rejected a petition to leave the claim without consideration.

At the same time, the decision to leave the claim without consideration does not exclude the possibility of the plaintiff to re-apply to the court with a statement of claim as soon as the circumstances that served as the reason for refusing to consider the claim have been eliminated.

From the above, we can conclude that the petition for the purpose of leaving the claim without consideration is sent by the interested party, due to the presence of one of the reasons given earlier.

In this case, one should take into account current judicial practice affecting the practical implementation of the issue of using such a document in the relevant legal process.

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Grounds for leaving a claim without consideration

A motion to leave a statement of claim without consideration is an expressed request by a participant in the trial to terminate the proceedings of the case. But certain grounds are required to grant the request. The conditions are enshrined in Art. 222 Code of Civil Procedure and Art. 148 Arbitration Procedure Code of the Russian Federation.

The Civil Procedure Code identifies the following grounds:

We advise you to read:

• ✅ Request for inclusion of documents in the case materials: sample
• ✅ Statement of claim to invalidate a transaction: sample
• ✅ Application for restoration of a missed procedural deadline
• ✅ Statement of claim for collection of debt on utility bills

• failure to comply with the claim procedure;
• incapacity of the applicant;
• the presence of similar requirements in another court;
• arbitration agreement;
• non-appearance of the parties.

In turn, the AIC identifies the following grounds:

• a bankruptcy claim has been filed;
• recovery of legal costs was requested.

On other grounds, the Arbitration Procedure Code of the Russian Federation coincides with the Code of Civil Procedure of the Russian Federation.

The petition is submitted only after the statement of claim has been accepted for proceedings.

Only the court can leave the application without consideration. The parties can only ask for this. A reasonable question arises: how could the court make a mistake in accepting the claim?

In practice, this means that at the time the claims were filed, the court simply did not know about the existence of legal barriers. For example, the authority was misled about the applicant’s mental health or did not know that the case was being considered in parallel in another court.

A petition is not an obligation, but a right of the parties. The court may leave the application in any case. The request is necessary for situations where the judge does not have the necessary information. Then the party declares them.

The petition can be filed by both the plaintiff and the defendant. In practice, most often the procedural document is drawn up by the defendant. It is he who is interested in leaving the demands unattended by the judge. However, there are cases when the plaintiff himself, through a request, decides to waive his own claims. A similar situation may arise due to an error or misconception.

Time limit for eliminating deficiencies in the statement of claim

The court itself sets a deadline for eliminating deficiencies. The judicial authorities provide a reasonable period for the person to eliminate the deficiencies. When determining a reasonable period, the court usually takes into account the complexity of the case (for example, if the persons are located in another region), and the behavior of the participants in the process. Within the deadline set by the court, the person must submit all missing documents, otherwise the application may be returned. If the person complies and submits documents on time, the application will be considered submitted on the day of initial submission.

If what is requested is not available, or you do not have time to obtain it from government agencies, then you must ask the court to extend the period for correcting the deficiencies or request documents from it, providing evidence of the impossibility of obtaining what you need on your own.

The deadline for sending you a ruling on leaving without movement is set as short as possible for the court - no later than the next day for sending, but the mail can fail, often the envelopes arrive too late and the party does not have time to react. What to do in this situation? Ask for the restoration of the period for eliminating the shortcomings, unless, of course, the court has already returned the claim. Then, unfortunately, the only possible option is to resubmit it or appeal the judicial act.

Rules for drawing up a petition

A petition to leave a filed claim without consideration is drawn up in free form. The law does not stipulate special requirements for the execution of a procedural document. However, in practice certain requirements have developed. This is due to the fact that courts often have to deal with documents whose contents cannot be taken seriously.

Form requirements:

• written form;
• clear and readable handwriting;
• business style;
• specifics, no water.

Can be printed or handwritten. The petition can be written directly at the court hearing, if there is time.

The request can be expressed orally, but the court will require the provision of a written document, since it must be attached to the case.

Content requirements:

• the text is divided into parts;
• requisites;
• base;
• date and place of compilation.

Conventionally, the text of the petition can be divided into three parts:

• introductory;
• main;
• final.

The introductory part contains details. This is mandatory information about the parties to the dispute and the court in which the case is being heard. Without details, there is no legal force of the document. The data is written in the upper right corner of the page. After writing the details, the title of the text follows. The name of the document is written in the center.

Don't forget to write down the case number. Judicial officials can easily confuse documents. The number will not allow them to do this.

The main part contains the circumstances referred to by the applicant. They prove specific grounds on which the claim can be left without consideration. Otherwise, the request will not be granted. It is necessary to refer and explain to the court why the plaintiff’s demands should be ignored. Here it is also necessary to show the legal justification, that is, references to laws and other acts.

The final, or pleading, part contains the applicant’s request to the court. It begins with the words “Please...”. Next comes the request itself, that is, leaving the statement of claim without consideration.

At the end of the text there is a signature and date of compilation. It is recommended to make a separate “Applications” section in front of them. In practice it is almost always present. In 99% of cases, the applicant must refer to the facts to prove the impossibility of considering the case. For example, if the plaintiff is incapacitated, then a reference to a mental health certificate can be made. Of course, if it is available.

How to appeal a determination: step-by-step instructions

The petition is submitted in the following order:

1. Submit your request in writing. Oral petitions are accepted only during the court hearing - they are recorded in the minutes. In this case they are irrelevant.
2. File a petition with the court that issued the disputed document. You or your legal representative – a lawyer – have the right to do this. Also, the determination may be canceled at the initiative of the defendant who missed the hearings without prior notice twice.
3. Wait for a new ruling to cancel the disputed one.
4. Come to the meeting at the appointed time or submit a request for consideration in absentia.

Lawyer's advice: it's easier to re-file the claim. It must indicate that you have previously filed a similar dispute. In most cases, petitions for annulment are not granted: judges always find arguments in their favor.

Valid reasons for individuals

The determination may be challenged by the plaintiff or defendant by providing evidence of valid reasons for failure to appear at the meeting after a second summons:

• Disease;
• Stay on a business trip;
• Caring for a seriously ill relative or child;
• Late receipt of notification of a meeting: for example, on the day of its holding;
• Death of a close relative;
• Force majeure circumstances: fire, flood, war, etc.

There may be other valid reasons, but the issue of their acceptance is decided individually.

Valid reasons for legal entities

While it is easy for ordinary citizens to confirm good reasons, it is more difficult for organizations.

The following cannot be used as such reasons:

• Lack of a lawyer on staff;
• The need to coordinate the filing of a petition or appeal with a higher authority;
• The applicant's lawyer or lawyer being on vacation, business trip, or on sick leave;
• Reorganization of the enterprise, during which there is a change of management.

The only option for a company whose representative did not appear at the hearing is late notification of the date of the meeting or lack of information about the disputed document.

Contents and sample of the application

The form of applications is not established by law.

To be accepted, the following information must be provided:

• Name and address of the court;
• Full name, addresses of the plaintiff and defendant;
• The name of the previously pending case;
• The grounds on which the decision to dismiss the claim was made;
• Valid reasons, request for cancellation;
• Description of submitted documents.

At the end the applicant signs.

Sample of a private complaint against a court ruling: alt: Private complaint against a court ruling

Sample of a private complaint against a ruling by a magistrate: alt: Private complaint against a ruling by a magistrate

Documentation

The citizen who filed the petition must submit documents confirming valid reasons for missing a meeting twice:

Sample application

The application to leave the claim without consideration is drawn up in triplicate. One remains with the applicant, the second is handed over to the court, and the third is sent to the other party to the dispute. All participants in the case should familiarize themselves with the document in order to have an idea of ​​what the opposite side of the dispute wants.

It is important to competently approach the preparation of the procedural document. Errors and typos are unacceptable. The court will check. If it is necessary to leave a claim without consideration, then it is recommended to approach the matter carefully and professionally. A sample petition template will help with this.

Petition to leave the statement of claim without consideration PDF 59.50 KB

Application form for leaving a claim without consideration WORD 17.50 KB

Example of a request to leave a statement of claim without consideration WORD 19.00 KB

Inability to consider the case on its merits

There are special grounds for leaving the plaintiff’s application without consideration, which indicate that there is an objective impossibility. For example, if the parties themselves chose the arbitration form of dispute resolution and an arbitration entry arose. Its presence does not deprive the right to judicial protection.

True, if the parties entered into an agreement to submit the dispute to arbitration, and the plaintiff went to court, the defendant may object. If there are such objections, the court is obliged to remember the article in question.

Application procedure

General regulation is enshrined in the basic procedural laws. All participants in the case have the right to submit a request.

The law stipulates that a petition can be submitted at any time. This means that an extensive time frame is available to the applicant: from the start of the proceedings to the removal of the judge to the deliberation room. The procedural document itself is reviewed within 5 days from the date of submission. So says the article. 133 Code of Civil Procedure of the Russian Federation. In fact, the request is subject to consideration at the time of submission.

A written request is submitted in the following ways:

• directly in court proceedings;
• through the court office;
• by mail.

During the trial, the spontaneous filing of an application often confuses the judge. It is recommended to submit the document in advance by personally contacting the office. Mail is ineffective. The document can get lost and disappear for a long time.

Most often, the request is announced and submitted at the stage of the preliminary court hearing. This is not formally prohibited, but in fact judges tend to ignore late requests.

When submitting a procedural document through the office, it is recommended to ask the judicial staff to mark the acceptance. This will provide evidence that the petition has been filed.

Judges may delay consideration of the request. In this case, you can file a red tape complaint to speed up the overall process.

It is highly recommended that you make your request in writing. There is a category of judges who do not record oral statements in the protocol. It is simply impossible to prove their presence. The written form will protect against dishonest actions of the judge or incompetence of the court secretary.

Nature of mentioning the article in judicial acts

References to the article in question in judicial acts are of an informational nature, since its main provisions cannot be related to decisions on the merits of the case. Thus, in the decision of July 8, 2021 in case No. A12-7369/2020 of the Arbitration Court of the Volgograd Region, it is mentioned only in order to conclude that if any rule of this article is applied, legal costs incurred by persons participating in in fact, are not subject to distribution according to the rules of Chapter. 7 of the Code of Civil Procedure of the Russian Federation and other regulations.