A lawsuit is a real confrontation between the parties between which a dispute has arisen. Therefore, at any stage of the trial, it may be necessary to clarify and supplement the requirements, to provide additional information and evidence. Such an opportunity is provided to the parties by the Civil and Arbitration Code.
general information
According to the norms of the current legislation, the plaintiff has the right to change the subject or the grounds of his claims. It is allowed to increase or decrease claims, regardless of the type of court proceedings. At the same time, amendments to the statement of claim, which will contain a requirement to change the subject and grounds, are not allowed at the same time. After all, in the end we get a new lawsuit.
The defendant or the plaintiff has the right to make clarifications only after the adoption of the claim by the judge.
Possible reasons for additional appeal
Amendments to the statement of claim may be required in the following cases:
- clarify your requirements if necessary;
- present new arguments to the court;
- object to the opponent’s position;
- provide a response to the response of the defendant;
- explain the position of the expert or witness;
- reduce or increase your requirements in other situations.
Such clarifications must be submitted in writing so that the judge has the opportunity to familiarize themselves with the applicant’s position in detail. Moreover, very rarely a detailed protocol is kept at a meeting and everything voiced is clearly recorded.
Statement
You can contact a judge to clarify claims in a civil proceeding or on other issues on the basis of two types of documents:
- petition. This document is most often filed if it is necessary to clarify or change the grounds and subject of the dispute, adjust the requirements, for example, in terms of the amount of the amount claimed;
- addition to the lawsuit. Such a document may be submitted by both parties. It is usually filed if in the course of the proceedings new circumstances are discovered or new information appears that may affect the course of the consideration of the claim.
Neither the appendix nor the petition have a unified form, therefore they are compiled in an arbitrary form. However, it is recommended to adhere to the rules that have formed in legal practice.
General requirements for documents
How to write a supplement to the statement of claim? First of all, it is necessary to adhere to the structure that should be present in the preparation of statements of claim, namely:
- "Header" of the document. This is the address information part. Information about the court is indicated here, when the application is submitted, data of the plaintiff and defendant;
- the name of the document (it is possible with a brief story, for example, “... to reduce claims ...), indicating the details of the case;
- content part. Here the applicant should disclose the essence of his arguments as accurately as possible, explain the newly discovered circumstances and why the judge should consider and accept them. Simply put, the grounds are prescribed that gave rise to appeal to the court in order to adjust the previously filed lawsuit.
- operative part. In this block of the document, the applicant requests a change in requirements.
- list of attached documents. All documents attached in addition to the statement of claim must confirm the position of the applicant.
- Date and signature of the applicant.
All information in the text of the document should be logically structured. Allocation of especially important points is allowed.There must be links to articles of regulatory acts. There should be no contradictions in the text.
Sample document
When drawing up a petition, the following example can be followed:
In the ... court ... of the region ...
The data of the defendant and the plaintiff ...
Title of the document
In accordance with the filed claim plaintiff .... to the defendant ... the amount of the principal debt amounted to .... and a penalty in the amount of .... rubles.
After reconciliation of mutual settlements .... date ... the amount of the principal debt was clarified and amounted to .... rubles. Accordingly, the size of the penalty has also changed and amounts to .... rubles. The total amount of claims today is .... rubles.
Guided by the foregoing, I ask you to reduce claims and recover from the defendant .... rubles.
In addition, I ask you to additionally oblige the defendant to pay the costs to the plaintiff, which he incurred in connection with the involvement of a lawyer in the process. The size of the lawyer's fee is .... rubles.
Applications:
- The act of reconciliation between ....
- A copy of the contract with a lawyer ....
Applicant's signature and date of compilation.
Respondent position
If we consider the same situation, the defendant has the right to go to court with a similar requirement to reduce the price of the claim. Sample document:
In the ... court ... of the region ...
The data of the defendant and the plaintiff ...
Title of the document
Addition to ....
In addition .... the name of the plaintiff ... to .... the name of the defendant ... of recovery .... brief summary ..., I inform that ... the date ... a reconciliation of mutual settlements was carried out, the results of which showed that the amount of the principal debt is .... rubles.
Thus, the claim to recover ... rubles is considered unreasonable. Therefore, I ask you to reduce the amount of claims, taking into account the information contained in the reconciliation certificate between the plaintiff and the defendant.
Applications ...
Signature, date.
Civil process
Similarly, documents are compiled in the civil process.
Sample supplement to the statement of claim:
In the ... court ... of the region ...
The data of the defendant and the plaintiff ...
Statement of amendment of the grounds of claim
I filed a lawsuit ... date ... lawsuit against .... defendant's data ... about ... claims put forward.
In connection ... the reasons are indicated ... I consider it necessary to change the basis of my requirements and state them in a new edition ...
Clarification of claims in a civil process can be formulated as follows:
... on the basis of ... the reasons are indicated ... I consider it necessary to increase the size of the claims and recover from the defendant .... rubles.
Another example:
... In connection with the mistakes made, when drawing up the statement of claim, my requirements are subject to clarification ...
The requirement to terminate the contract .... between ... shall be replaced by the requirement to declare the transaction null and void.
Based on this, the amount of claims also changes, or rather, it needs to be increased by ... rubles, since an independent expert assessment was carried out ... name of property ...
Filing procedure
Clarification, addition to the statement of claim may be filed at any time until the judge has made a decision. It is best to submit such documents before the court session, because the judge needs to familiarize himself with the new requirements and clarifications, and conduct their legal assessment.
You can submit your application as follows:
- in person, through the registry of the court;
- by mail (not recommended method, since it is not known when the letter will go to court);
- via the Internet, on the site: “My Referee”.
Naturally, an authorized person or a lawyer has the right to submit an application to the court, the main thing is that their powers are documented. In the first case, a power of attorney is required, in the second case it may be an agreement between the lawyer and the client-applicant.
Conclusion
Addition to the statement of claim is a real way to promptly amend the position of the court in relation to specific claims. The appropriateness of filing an application is determined by the plaintiff or defendant on the basis of newly discovered circumstances.
The petition to the court must contain references to regulatory acts. It should be clearly separated, what is the basis and subject of claims. In the first case, the term means factual grounds. The subject is the substantive requirements. In light of this, it is not allowed to simultaneously change both the subject and the grounds.
Most often, the grounds for filing additions arise after the defendant sends a response. After all, he provides his arguments, for which the plaintiff will most likely have his own arguments, which should be stated in the statement. The second most common reason for filing an addendum is to obtain the results of an examination or witness testimony.
In general, if one of the parties has additional arguments to protect its interests, you must immediately state your position in writing and send it to the court, with documentary evidence of the emergence of new circumstances.