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How to correctly formulate objections to a claim
According to the procedural legislation of the Russian Federation, parties to civil proceedings have the right to file an objection to the statement of claim.
However, the country's Civil Procedure Code does not establish requirements for the content and structure of the objection. Therefore, when drawing up an objection, the main thing is that the information specified in it is presented clearly, understandably and reliably.
At the same time, it is recommended to present the information briefly so that the participants in the process do not get confused in the situation and are able to understand the whole essence of the matter. Therefore, you should keep your sentences small and divide the contents of your statement into paragraphs.
Attention! See an example of an objection to a claim:
The objection should have the following structure:
- An introductory part, which should contain information about the judicial authority (full name and address), information about the judge, information about the parties: full name (name of organization), place of residence, telephone and email address. The judge’s data is always written down in the summons; you can also find out by calling the court office;
- Descriptive and motivational part: it briefly and in detail describes the essence of the case from the position of the applicant, his arguments, and also describes the evidence. Also in the descriptive part, the applicant must make references to the legal acts by which he was guided;
- The final part: in it the applicant briefly states his requirements. Below the requirements is a list of attached documents and evidence.
Sample objection to a statement of claim
To the Chkalovsky District Court of Yekaterinburg
Plaintiff : Administration of Yekaterinburg.
Address: Ekaterinburg, st. Lenina, 24A.
Defendant : G...
Address: Ekaterinburg, st. ...
Objection to the claim
on invalidation of a registered right
The administration of Yekaterinburg filed a statement of claim with the Chkalovsky District Court demanding:
- invalidate the document on the basis of which the ownership of the unfinished construction project was registered, located at the address: Yekaterinburg, s. Mountain Shield, st. ...
- recognize as absent the right of ownership to an unfinished construction project located at the address: Ekaterinburg, s. Mountain Shield, st.., regarding...
I do not fully agree with the plaintiff’s position for the following reasons:
1. On the issue of missing the limitation period:
The decision to allocate a land plot in my favor was made by the Gornoshchitsky state farm on July 18, 1990 - Order No. ... “On the allocation of land plot G...”. Thus, I believe that the plaintiff’s claims cannot be satisfied due to the expiration of the statute of limitations.
The plaintiff is the legal successor of the organization that issued the order; it must be taken into account that the rights and obligations were transferred to the plaintiff in the same form in which they were with the predecessor. If the predecessor did not see any grounds for presenting demands to me regarding the allocation of a land plot of 0.08 hectares on the street ..., 11 and did not believe that his rights were violated, then this does not mean that the terms can be restored to the successor.
With a different interpretation of Art. 196 of the Civil Code of the Russian Federation, this provision would cease to work, and a situation would arise that as soon as any organization missed the statute of limitations, it would transfer its rights and obligations to the successor, who, in turn, would go to court.
2. The land plot was provided to the Defendant in accordance with current legislation.
The procedure for registering the disputed land plot was fully observed, and therefore, it is unfounded to point out violations in the procedure for providing me with the land plot.
3. The Plaintiff’s rights are not violated, since the entire volume of rights was transferred to him as a legal successor and in the form in which it existed at the time of transfer.
The plaintiff’s side did not provide any arguments about what right was violated on my part in the relationship between me and the Administration of Yekaterinburg, because the plot was allocated to me before the rights were transferred to the Plaintiff.
The plaintiff has not provided evidence of the unreliability of the information submitted for registration on my part, the illegality of the issued acts...
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4. Moreover, it is necessary to take into account that if the claim is satisfied, my right to housing will be violated, since the ownership of an unfinished construction project - the construction of a residential building - is being disputed.
A court decision to deny the Plaintiff's claims in full will ensure the protection of the interests of citizens and the state protected by law, and will also contribute to the implementation of my housing rights.
Based on the above and guided by the Code of Civil Procedure of the Russian Federation:
ASK:
- deny the Plaintiff's claim completely.
Sincerely,
Date, signature
Objections to the claim: concept
The trial is carried out on the principles of equality and competition between the parties. Thus, the parties to the process have equal rights and bear equal obligations.
One of the responsibilities of a party is to prove its arguments; for this purpose, the party must find evidence and present it in court. The court decision is made in favor of the party that was able to prove its position by providing irrefutable evidence.
Remember! The court does not search for evidence on its own initiative; this is the obligation of the parties. However, at the request of a party, the judge may request evidence from individuals and organizations that are related to the case or have information if the applicant cannot obtain the necessary certificates and papers due to certain circumstances.
For example, many citizens cannot obtain information that constitutes banking or other secrets; in some cases, the opposition refuses to voluntarily provide evidence. Therefore, if it is not possible to independently obtain evidence, the party should, along with an objection to the claim, file a petition to obtain evidence.
Not only the defendant can file an objection to the claim; third parties who file or do not file independent claims also have this right.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Deadlines for filing an objection to a claim
There are no special deadlines for filing objections to a claim under procedural law. Objections can be provided even during the trial of the case by the court.
The exception is the consideration of cases in arbitration courts through simplified proceedings. In cases considered in such proceedings, the court in its ruling indicates specific deadlines until which objections can be provided. If the deadline is missed, objections will not be accepted by the court.
ADVICE OF A LAWYER : despite the possibility of presenting objections directly at the hearing, it is still better to submit objections in advance of the consideration of the case so that the judge has the opportunity to become more thoroughly familiar with your objections.
Legal regulation
Any participants in a civil case may object to statements of other participants with whom they disagree; this right is guaranteed by Art. 35 of the Civil Procedure Code. The defendant’s right to file an objection to the claim is regulated by a separate article of the Code of Civil Procedure - 149.
The procedural legislation of the country does not establish the form of the objection, so it can be written in any form. But, like any procedural document, the objection must have a certain structure and meet the requirements for drawing up official documents.
Watch the video. How to write an objection to a statement of claim:
Objections or feedback?
Another name for objections to a claim, which is used mainly in the arbitration process, is a response to the statement of claim. The meaning of this document is the same - to present to the court the defendant’s position regarding the stated requirements. There are no significant differences between these documents.
Olga Smirnova
Civil lawyer, Master of Laws
When the defendant submits his position to the court, in civil proceedings this document is usually called an “objection to the claim.” However, if you call it “feedback”, the document will still be accepted.
What is it for?
An objection to a statement of claim allows the defendant and other participants in the process to substantiate their position and refute the plaintiff’s arguments.
It is usually surrendered before trial. But the parties can file an objection at any stage of the civil case. This can be done by both the participant in the process and his attorney.
In an objection, the defendant can explain his position, talk about the controversial situation, describe the evidence and justify the actions taken.
Therefore, lawyers advise always filing objections, since this will make it easier for the judge to understand the case and make the right decision.
Moreover, it is not always possible to fully and competently explain the circumstances of the case orally. Therefore, if there is enough time, then defendants and third parties should not only prepare evidence of correctness, but also connect them with their position, providing the court with an objection to the claim.
How to write
There is no single form of written objection to a statement of claim. But there are some generally accepted rules for drawing up this document. The same rules apply to the preparation of objections to a counterclaim, petition, etc.
Objections to the claim must contain:
- Name of the court where the document is filed;
- Details of the person submitting the document and his procedural role (defendant, plaintiff, third party), as well as his representative;
- Names of other parties to the process;
- Case number;
- The essence of the defendant’s position in the case;
- Date and signature;
- List of attached documents.
Objections to the court filed in arbitration proceedings do not differ significantly from those filed to a statement of claim in civil proceedings. But at the same time, the requirements for their content and presentation of material are traditionally higher. It is better to draw up an objection to a statement of claim to an arbitration court (response to the claim) with the assistance of a professional lawyer. Participants in arbitration proceedings are expected to be better prepared or to hire a qualified representative (which is what most do). Therefore, the overall level of documents submitted to the court is usually higher.
Legal assistance will not hurt when preparing an objection to a claim in civil proceedings.
Types of objections
In the legal literature, there are several types of objections to a claim:
- Substantive objections;
- Procedural objections.
The first type includes statements that challenge the plaintiff’s claims. The defendant may ask the court to recognize the plaintiff’s claims as unfounded, and the court will recognize them as such if the defendant proves this. Therefore, when drawing up such an objection, the party must find facts that completely refute the plaintiff’s arguments.
The second type of objection is filed when a party tries to prove that the claim cannot be considered in court. In this case, the party must provide evidence that the dispute that has arisen is not within the jurisdiction or jurisdiction of this government agency or that the claim could not be accepted on other grounds.
For example, if disputes that have arisen between citizens are resolved by other government bodies, the statute of limitations has expired or a court decision has already been made on this dispute, which has not been appealed and has entered into force.
Also, such an objection is filed if the statement of claim was filed by an incapacitated or unauthorized person, for example, with an expired power of attorney.
Please note! When drawing up an objection, it is important to carefully study the case materials and correctly determine which position will be more advantageous.
Contents of objections
The main part of an objection to a statement of claim filed with the court is its content - those arguments and evidence that the defendant wishes to present to the court. Usually the information contained in them refutes the claims stated in the statement of claim (but there are also cases of their partial recognition).
It is necessary to approach the preparation of the document with the utmost care, since this document largely determines whether the defendant will be able to avoid liability for the stated claims.
It is advisable to write the text of the document so that:
- It was easy to read;
- For every argument or demand stated by the plaintiff, there was a counterargument.
This structure of the document will allow the court to easily navigate it (which, ultimately, can become a significant argument in favor of the defendant’s position).
Conventionally, the content of objections to the claim can be divided into two groups of statements:
- Material related to the refutation of the plaintiff’s claims on the merits;
- Procedural, which boils down to procedural defects that the defendant wishes to draw attention to.
An example of a substantive defense would be a defendant's challenge to various facts on which the plaintiff bases its claims. For example, the plaintiff may try to recover money under a concluded agreement, and the defendant may claim that this agreement was not concluded. Procedural arguments will be based on the plaintiff's failure to comply with various procedures that accompany the exercise of a right or filing a claim in court.
The text of the document does not necessarily distinguish one category from another. If the defendant's position on a particular issue is clear, then it does not matter whether the argument is procedural or substantive.
What applications are needed
An important part of the defendant’s objections is the evidence he provides in the form of documents, witness statements and other justifications that the plaintiff’s claims should be rejected.
Copies of the documents on which the objections to the claim are based must be attached to the text (in this case, a complete list of attachments must be included in the document). In the future, upon request of the court, the defendant will be required to provide the originals of these documents.
In addition, in support of his arguments, the defendant may ask the court to call witnesses, conduct an examination and carry out other procedural actions necessary for a comprehensive consideration of the case.
Reasons for submitting a document
Parties to civil proceedings have the right to file an objection to the plaintiff’s statements, and the reason for filing the objection does not play a special role. The court is obliged to accept and consider the objection.
Main reasons for filing an objection:
- The party completely disagrees with the plaintiff's arguments. In this case, the defendant files an objection due to the fact that he is not at fault in the current controversial situation. A participant in the process can prove the absence of his guilt using any evidence obtained legally: testimony of witnesses, expert opinion, material evidence. Sometimes in practice it happens that a person who has nothing to do with the case is brought in as a defendant;
- The party partially disagrees with the stated requirements. In such a situation, the defendant admits his guilt and files an objection due to the fact that the applicant has made demands that violate his rights, or the regulations or circumstances of the case have been incorrectly interpreted. For example, in a debt collection case, the plaintiff may greatly inflate penalties and fines that were calculated without taking into account the requirements of the law and the contract.
Thus, when filing objections, a party can partially admit the applicant’s claims or refute them completely. For this reason, an objection can be filed on any grounds.
What should the objection contain?
The objection to the claim must contain the position of the defendant in relation to the facts stated in the statement of claim.
The objection may contain the defendant’s disagreement with the demands placed on him, the inconsistency of the plaintiff’s claims, or facts that are intended to reduce the cost of the claim.
The essence of the content of the document also depends on its type:
- Material
. It challenges claims related to the need to resolve financial issues based on legal norms. The author must provide reliable facts based on specific articles of the law that prove that the plaintiff has no grounds to file a claim. - Procedural.
Such statements are not intended to refute the claim or to demonstrate its falsity. The defendant tries to convince the court that there is no basis for judicial consideration of the problem, since the parties can resolve the problem themselves.
It is more appropriate for a qualified lawyer to determine the type of objection that is planned to be sent to the court, since the content of the document depends on the essence of the statement of claim and the specific circumstances of the case.
sample of the defendant's official objection to the statement of claim in .docx (Word) format. You can download it and create your own based on this form.
The document consists of 3 parts:
- Cap
: name of the court, full name. applicant, residential address, contact telephone number, civil case number, information about the claim. - Main part
: title of the document, description of the essence of the objection - arguments and facts supporting them, list of documents that confirm what was written. - Conclusion
: the applicant’s request to the court, an indication of the need to attach the review to other materials of the case, proposals on ways to resolve the problem.
At the end of the document, the applicant puts his signature and the date of writing the objection.
Admissible Evidence
When filing a response to the claim, the party must attach to it the evidence it refers to to substantiate the chosen position.
It is therefore important to obtain as much admissible, relevant and reliable evidence as possible. It is prohibited to use evidence that was obtained illegally.
The following can be used as evidence in a civil case:
- Official documents and certificates;
- Written and oral testimony of witnesses;
- Conclusions of experts and specialists;
- Photographs, videos and audio recordings;
- Other material evidence.
The evidence must be real; forgery is subject to criminal liability.
When objections are filed
The parties to a civil case have the right to defend their position from the moment the civil case is initiated until the court decision is announced.
During this entire period, the parties have the right to file motions, objections, increase claims, admit claims, and much more.
Remember! A party can submit these procedural documents at all stages of a civil case. However, it is recommended that the objection be filed before the main trial stage so that the judge and other participants can fully review it before the trial.
How to file an objection?
The Civil Code does not contain strict restrictions that regulate the procedure for filing an objection.
The document is submitted to the authority to which the plaintiff applied with the application. It is necessary to register the document in the court office before the hearing of the case begins. This is due to the fact that before giving permission to add it to the case, the court must familiarize itself with it.
The defendant may file the objection by attending court in person or may send it by mail with a return receipt requested in advance.
When should the document be submitted?
As already mentioned, it is necessary to provide a written objection before the announcement of the court decision. There are no other time restrictions for the exercise of this right.
In this case, the applicant should file an objection taking into account the time required for familiarization by the participants in the process. Therefore, if it was provided on the day the decision was announced, when the parties had already expressed their positions, the judge may refuse to accept it. And in such a situation, the court’s decision will be made on the basis of previously provided evidence.
The difference between an objection, a counterclaim and a revocation
An objection and a counterclaim are two completely different procedural documents. In a counterclaim, the defendant states his claims, which must be relevant to the case, while in an objection, the party specifies the main provisions of the statement of claim or completely refutes them.
Therefore, if the defendant has separate material or other claims, he must file a counterclaim, which is drawn up in the same way as a statement of claim.
When filing a counterclaim, the applicant is required to pay a state fee.
The response and the objection are very similar, but in the response the defendant only explains or supplements some points.
Reasons for writing a counterclaim
There can be many reasons for preparing a response to a received statement of claim.
Let's point out just a few of them:
| The respondent completely disagrees with the applicant's position | You will have to look for possible legal ways to prove your innocence and rightness. It could be: · provision of necessary documents; · carrying out additional examinations of real property damage; · obtaining results of assessment of material damage; · attracting witnesses to testify, etc. |
| The opponent speaks out against the stated demands | For example, he may agree that damage was caused, but categorically disagree with the stated amount of compensation. Therefore, he will have to attach his calculations, the results of independent experts, as well as other papers confirming that the damage caused is less. |
| Inconsistency with procedural rules | In this case, the person makes a reference to the fact that the plaintiff incorrectly applies the norms of the current legislation. In this regard, it is impossible to consider the received application on legal grounds, since this violates the rights of the defendant. For example, when determining the jurisdiction of a case, determining the limitation period, etc. |
When filing objections, a citizen must take care of the reliability and persuasiveness of the evidence presented in the case. Otherwise, newly discovered circumstances will not be able to influence a favorable outcome of the case for the defendant.
Procedure for filing an objection to a judicial authority
Citizens are encouraged to file an application regarding the case either to the office or through the official website of the judicial authority. Since an objection sent by mail may not reach the court on time.
If there is no other way to file an objection, then it must be submitted as early as possible by mail, no less than a week before the process, so that the letter has time to arrive. It is also necessary to take into account that participants in the process need time to familiarize themselves with it.
It is important that the objection is delivered to the court on time, since with its help the party is able to refute the claims or clarify the situation.
What to do if your objection to a court order is refused?
You filed objections to the court order, pursuing the goal of canceling the relevant court act, but your objections were rejected, what to do in this case? You can file a complaint with a higher authority against the court's decision to refuse to object to the court order, or rather, to refuse to cancel the court order, indicating the reasons why the judge is wrong.
In addition, you can appeal the court order itself, but not on appeal, but to the cassation court, if the deadlines have not expired. According to the Arbitration Procedure Code of the Russian Federation, a cassation appeal can be filed within 2 months, and according to the Code of Civil Procedure of the Russian Federation - within 3 months. The deadlines are counted from the date the court order enters into force. If the deadlines for appeal are missed, you can try to restore them, indicating that the reasons for missing the relevant deadlines are valid.
