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

Submit a petition - this way you will bring your request to the court.

For example, in the process of considering claims and other statements in court, the parties to the dispute periodically have the need to attract new witnesses or provide additional evidence, suspend the consideration or postpone the court hearing, appoint an expert examination or use video conferencing to participate in the hearing. When filing a claim or appealing a court decision, you can ask the court to defer payment of the state duty or to restore the missed deadline for appeal.

In what situations can you file a petition?

• you or your company have financial difficulties and you need a deferment in payment of state duty;
• you missed the deadline to appeal the court decision and ask the court to reinstate it;
• you consider it inappropriate to participate in court due to the remote location of the hearing and ask the court to consider the case without your personal presence or the presence of a company representative;
• or, conversely, for good reason you or your representative cannot participate in the hearing, but this is very important for you, and you ask to postpone the court hearing;
• you ask to postpone the court hearing, since it is possible to reach an agreement with the other party on concluding a settlement agreement;
• there was a need to appoint an examination (for example, to assess the cost of damage to a car as a result of an accident or to determine the quality and suitability of a construction project);
• you need to involve witnesses, third parties, co-defendants or specialists in the case, and also replace the improper defendant;
• you want to attach new documents to the case;
• you cannot obtain evidence yourself (for example, documents that are held by a notary, a registry office or other government agency, or from third parties) and you ask the court to request them;
• you are far from the place of the hearing and want to participate in it via video conference with the assistance of another arbitration court;
• you need to familiarize yourself with the case materials;
• you are afraid that by the time the writ of execution is received, the defendant will have gotten rid of the property or gone bankrupt, and you are asking for interim measures to be taken;
• you are a defendant and want to cancel or replace interim measures with others;
• you have resolved all your disagreements with the defendant and want to return the statement of claim or complaint;
• you need to obtain a writ of execution or a duplicate of the writ of execution, since the original is lost;
• As part of the case of bringing to administrative responsibility, you ask to replace the fine with a warning, to reduce the amount of the fine or to defer its payment.

Requirements

In some situations, a request template is not needed at all - you are allowed to present your arguments in free form. But do not forget about the official business style in circulation; it is not recommended to resemble colloquial and literary words, since this is still a document.

It is not recommended to ignore the standards:

1. In the upper right corner of the letter you need to indicate the addressee.
2. The “request” must begin with an official appeal.
3. Availability of personal information of the citizen.
4. If necessary, it is important to leave a link to regulatory and legal documents that support the arguments of the petition.

There are cases when a letter of request must be in a certain form. In this situation, a sample can be requested from the organization. There are no official templates at the state level, and for this reason, each organization has the right to establish its own standards and require compliance with them.

It should be noted that if a person makes certain deviations from the form accepted in the institution, then this fact cannot be considered a basis for invalidating such an appeal.

But it’s still better to use the “famous” sample to save nerves and time for disputes that may arise.

How to write a petition yourself?

You can also present your petitions to the court orally. In this case, make sure that they are recorded in the protocol. In addition, you can view the audio recording of the meeting and obtain a copy of it.

But we at Legal Guarantee recommend submitting this document in writing , in which you can more clearly state your request and justify it.

In order for the court to accept your petition, follow the following rules:

In the header you must indicate the name of the court to which you are sending the document, details of the parties and the case number.

In the text, state the reasons why you are making a request to the court and the essence of your request.

For example:

Due to the fact that Petrov A.A. can confirm the fact that the plaintiff and defendant live together, please call A.A. Petrov, living at the address: Moscow, st. Novy Arbat, building XX, apt. XX, as a witness (in the case of establishing paternity)

Due to the fact that I am in the hospital with a serious illness and cannot take part in the hearing, I ask the court to postpone the hearing to XX.XX.XXXX

Refer in the text to Art. 41 of the Arbitration Procedure Code of the Russian Federation (when applying to an arbitration court), Art. 35 of the Code of Civil Procedure of the Russian Federation (when applying to a court of general jurisdiction), Art. 45 CAS RF (when applying to court as part of administrative proceedings). These rules provide for the general right of disputants to file motions. In addition, the right to petition on certain issues is also contained in other articles (for example, Article 88 of the APC - on calling a witness).

For example: Due to the fact that the claim was brought against the wrong person who should be responsible, and on the basis of Art. 41, part 1 art. 47 of the Arbitration Procedural Code of the Russian Federation, I apply for the replacement of an improper defendant with an appropriate one - Romashka LLC, TIN XXXXXXX, located at the address ... (petition to the arbitration court for the replacement of an improper defendant with an appropriate one)

Don’t forget to sign the document, date it and list the attached documents. Attach evidence of your arguments (for example, a certificate from a medical institution if you are unable to attend the meeting due to illness).

You have the right not to submit a separate document, but to set out your demands in a claim or complaint (if you ask for something at the same time as filing a claim or appealing it).

Application for promotion

In this situation, how to write a petition correctly (a sample petition is given below)? Various situations may arise at work when an employee needs to be rewarded or disciplined. You can launch these procedures by correctly writing the appropriate “request” to higher authorities. Each organization has its own rules of business etiquette - they will influence who draws up this document.

In most situations, this responsibility falls on the shoulders of the HR department. But it happens that the responsibility is shifted to employees who will receive bonuses or deductions.

In this situation, no one can guarantee that the personnel employee will provide a correctly drawn up example of a petition that will correspond to the current situation.

Therefore, it is necessary to look for a sample application in advance. We’ll tell you in this article how to correctly formulate a request that will help you avoid problems and endless document editing. To do this, you just need to consult with a competent lawyer and find a sample document.

If the petition concerns bonuses for an employee, it is usually addressed to the main manager of the organization. You can make a written request in free form, but there are a number of nuances that should always be taken into account.

At the conclusion of the petition, it is necessary to briefly outline all of the above. At the end of the document it is indicated - “reward”, “transfer to a higher position”, “recover”.

How to submit a request?

Send the document in writing so that you have evidence of sending it to court:

• by mail with notification, preferably with a description of the attachment,
• through the court office (problematic during the period of restrictions due to coronavirus),
• through the “My Arbitrator” system to the arbitration court or through the GAS “Justice” system to the court of general jurisdiction.

Why is this necessary?

The judge will not be able to accidentally “lose” your application, you will be able to appeal the refusal to satisfy your application, and you will also be able to once again petition the appellate court to call the same witnesses or to request the same evidence if you were denied at first instance.

Information to be reflected in the document form

The form and content of the petition are drawn up in accordance with the model in the current legislation. However, in the process of filling out and submitting papers, you must adhere to a number of rules. After entering the information, you have to leave some space. It will indicate the court case number.

Then the citizen will have to provide the following data:

• the name of the authority to which the judicial appeal is sent;
• information about the applicant. It is important to reflect reliable contact information that allows you to contact the person if necessary;
• information about the person who acts as a defendant. Additionally, his contact information is recorded. A citizen can be an individual or a representative of a company. In the first case, the residential address and telephone number are recorded. When a company acts as a defendant, its legal address is reflected;
• the reason for petition. The purpose of the application must be described. The circumstances under which the violation of rights, freedoms and interests occurred. It is important to briefly describe all the information about the reason that gave rise to the application;
• presentation of evidence. It is possible to provide evidence of unlawful acts committed against the applicant;
• the requirements put forward;
• the cost of the claim and the process of calculating the amount. If a person wishes to return the funds spent, it is important to reflect this fact by presenting arguments confirming the legality of this;
• about an attempt to pre-trial resolve the dispute. It is important to record whether the plaintiff spoke with the defendant previously, as well as on what topic;
• list of documentation attached to the application. It is important to list the entire list of papers. This will reduce the risk of losing evidence or refutation.

The procedure for considering a petition in court

A court of general jurisdiction and an arbitration court consider petitions related to the consideration of the case (for example, to postpone the case, to involve a co-defendant, etc.) in a court hearing, listen to the opinions of other persons and make a decision based on the results of the consideration.

Other petitions (for deferment of payment of state fees, for restoration of the missed period for appeal, etc.) are resolved by the judge alone.

If your opponent in the dispute filed a petition, and you do not agree with him, state your reasoned objections.

Existing categories

A petition in a civil case may be filed in writing or orally. In the second case, the request is made during court hearings. However, experts advise making the petition in writing and formally submitting it to the judge. The filing of a court application is made through the office. Here the court paper will be assigned an incoming correspondence number. If you plan to submit your application via mail, it is better to use registered mail. It is supplemented by an inventory of investments.

A large amount of judicial practice has highlighted several main issues that can be resolved by filing a petition:

• restoration of circulation terms. The request for re-submission is recorded in the court application. This may be the statute of limitations, the time allocated for appealing the actions taken, filing a complaint and the time for proceedings on labor conflicts;
• carrying out the examination. Such complaints record all the features relating to the implementation of such actions or consideration of the final results;
• payment for legal matters. The petition raises issues of payment of state fees or other payments that in one way or another relate to the proceedings.

There are a number of features of the execution of a previously made decision. It is sent after the judge has rendered the appropriate verdict and it has entered into legal force.

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What to do if the application is not granted?

You can separately appeal only those rulings that interfere with the progress of the case (for example, about reinstating a missed deadline); the rest will be appealed along with the decision.

If you filed a request to include documents, call witnesses, specialists, order an examination, or request evidence, and you were refused, make the same demands during the appeal.

Professional assistance in drawing up an application

We at the Legal Guarantee Law Office always say: the more thorough and professional the preparation for any trial, the higher the likelihood of a positive resolution of the issue for you.

It is better to trust the drafting of procedural documents - be it statements of claim, complaints, petitions - to those who have practical experience in protecting rights and interests in court.

Ideally, if you immediately contact a practicing lawyer - and, depending on the jurisdiction of your dispute - a representative lawyer in the courts of general jurisdiction or an arbitration lawyer.

Why?

At a minimum, this will save you time. It will also increase the chance of winning the argument.

In addition, you will receive advice on how to behave in court. Or consider the option of cooperating with a lawyer to protect legitimate interests - especially since only a person with a higher legal education can represent interests in an arbitration court.

Reasons for contacting

Having found out what a petition in court is, you need to figure out when it is permissible to provide a document. The procedure for sending it and the specifics of filing is regulated by Article 119 of the Code of Criminal Procedure of the Russian Federation. It says here that you can send a petition in order to ask for certain procedural actions to be performed. The purpose of the appeal is to attract the attention of the court to a certain manipulation or inaction of the opponent of the proceedings. In this case, the situation directly or indirectly affects the question of the citizen’s involvement or non-involvement in the conflict that occurred.

Possible reasons for application rejection

Representatives of the authorized body will refuse to consider the paper if the process is beyond the competence of the institution to which the court application is submitted. In this situation, the application is redirected. An alternative is to return the complaint to the complainant and advise the council of the need to contact the relevant authority. Claims will not be considered if the application was submitted by an unauthorized person. Only participants in the process or their legal representatives can submit an application in accordance with the established requirements. It is important to reflect in detail the reasons and motives that became the reason for the appeal.