To appeal to a civil court, you need to know which parties are involved in the dispute and which rights and obligations each party has. When asked who the plaintiff and defendant are, the Civil Code of the Russian Federation will help.
Claimant
A plaintiff is a person who has a civil or legal status, who has appealed to the court to resolve a dispute or a complaint against another person related to a violation of his personal rights and interests. The plaintiff must file a lawsuit in the established form, and the court, in turn, must set a date for the proceedings and involve the defendant. He must find out who the plaintiff is and who the defendant is. A plaintiff may be a group of people who have filed a class action lawsuit in court.
Defendant
The defendant is an individual or legal entity brought to court by the plaintiff in the role of violator of his personal interests or rights. During one trial, several defendants (co-defendants) may participate in the process.
Lawsuit
A lawsuit is a form of a formal request or statement, written by hand or printed on a computer, which is submitted by the plaintiff to the court for consideration. In the claim of the plaintiff against the defendant, the demanding party describes the situation, indicates its conditions and demands that the defendant who violates his interests be called to pay. After consideration of the claim, the court must inform the plaintiff in writing of the stage of the initiation of the case, and also indicate the date the process began and invites the defendant using a subpoena. A lawsuit may be filed by one person or a group of persons having the same grounds for this and having common rights and obligations.
The plaintiff has the right to change the basis or subject of the claim, change the amount of claims. The plaintiff may refuse the filed claim. The defendant has the right to recognize and accept the claim. The parties have the right to conclude an agreement between the plaintiff and the defendant amicably, thereby ending the proceedings.
If the rights of one of the parties are violated or there are illegal actions, the court may refuse the plaintiff his right to refuse the claim, the defendant to recognize the lawsuit or to end the case amicably.
In case of changes in the claim of the subject or the grounds, with an increase in the amount of claims, the terms of consideration of the case are re-calculated.
Trial
A trial is a process that takes place in a courtroom, in which three parties participate: a court, a plaintiff, and a defendant. In the trial, a dispute is settled between opposing parties. The court considers the plaintiff’s claim, and the defendant must either accept or prove his innocence. The plaintiff must provide all available evidence of the defendant’s guilt before him. The latter, in turn, must provide evidence of his innocence. Whose arguments will prevail in this struggle, on the other side is true. Final verdicts shall be delivered by a court of which the judge is a representative. If the proceedings are too complicated, either party may seek the support of a lawyer.
Requirements for plaintiff and defendant
Everyone who represents their interests and rights in court as a plaintiff or defendant must be of legal age. If one or the other at the time of the trial is not yet 18 years old, then he must appear in court with his legal representatives. The judge cannot blindly trust the claims of the plaintiff and defendant. Who these people are, he can understand only by personally communicating with them during the trial.A judge may interrogate a minor in court, but in the presence of his legal guardians. A minor from 14 to 18 years old has the right to assert his rights, but in the presence of his trustees. Until the age of 14, the interests of the minor must be protected by his parents, but if necessary, the court can interrogate the minor himself.
Both parties to the proceedings must conscientiously treat their duties in court. Do not file groundless claims against the other side, do not provide opposition during the consideration of the case. If one of the parties violates the rules specified in Art. 99 Code of Civil Procedure of the Russian Federation, the court in full right can recover from the violator compensation for the time spent in favor of the other party.
Obligations of the parties before the court:
- At the appointed time to appear at the hearing of the case. If due to unforeseen circumstances it is not possible to appear in court, it is necessary to inform about this.
- The plaintiff is required to pay a state fee when filing a statement of claim. The state duty may be in the approved amount, as a percentage of the amount of the claim, or combined. The state duty is the payment for the services of civil servants, and the costs are the costs of lawyers and experts.
- Parties are required to comply with the requirements of the court within the specified time.
- Both parties are required to pay the costs of hiring human rights defenders or independent expertise.
If the court decided the responding party to pay all the costs of the trial incurred by the plaintiff, he must fulfill this requirement in the indicated amount and in the prescribed time.
Rights of plaintiff and defendant
Any citizen of the Russian Federation has the right to protect his honor, rights and interests. If the legal rights of one person are violated by the actions or omissions of another, then the offended party has the right to file a complaint with the court with a statement of claim. In case of violation of the interests of one of the parties, she can go to court and perform all the necessary actions specified in the Code of Civil Procedure in order to act on the basis of the law and have great chances of victory.
All participants in the trial have the right to study the case materials, make notes of them, copies, present their evidence and be present at their study. Rivals in court can ask questions to witnesses, experts or specialists, put forward demands for evidence, object to the arguments of the other side. Both parties have the right to receive notices and court decisions from the court, as well as send their documents electronically. Any of the parties may appeal the court decision.
The plaintiff has the right to refuse the claim and terminate the case, the defendant - to recognize the claim. Both parties may engage a representative to support them.
The plaintiff and the defendant (who they are, you already know) have equal rights and bear equal responsibilities. Therefore, they have a legal guarantee to receive equal means and opportunities while defending their truth in court.
Participants in a judicial dispute have the right to submit all documents in paper or electronic form with an electronic signature.