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How to file a petition in court?

The right of any participant in the process to file a petition with the court is established in several legislative acts. In particular, such an opportunity is enshrined in Art. 119 Code of Criminal Procedure, Art. 41 agribusiness Art. 35 GIC. Which code to use depends on the nature of the process itself. petition to court

What could be a petition in court?

This kind of statement can be made for various reasons. The main question for the author is whether it will be satisfied. A petition to the court may be made about:

  • Reschedule / postpone a meeting.
  • Demanding materials from various authorities.
  • The appointment and implementation of the examination (accounting, transport, construction and technical, psychiatric, traological, handwriting and so on).
  • Attracting a translator, specialist, expert to the meeting.
  • Call a witness.
  • Taking action for securing the claim.
  • Involvement of third parties.
  • Replacing the defendant.
  • Restoration of the procedural term.
  • Change / clarification of requirements.
  • Issue copies.
  • The demand for evidence, etc. court examination

It is impossible to list all the possible reasons why a petition is filed with a court. None of the laws in force today have an exhaustive list of them. This is due to the fact that it is impossible to foresee all the situations that may arise in the meeting.

rules

The law defines the general requirements for writing applications. In accordance with them, you can formulate the fundamental principles of the statement:

  • Regulatory rationale. The procedural codes do not provide for official sample petition to court. It can be in free form. The content of the reference to the legislative norms is optional, however, it is advisable to indicate specific articles, thus reinforcing your arguments. In this case, the probability of refusal to satisfy the application is significantly reduced.
  • The specifics. In order to avoid a double interpretation of the content of the request, the requesting part of the statement should be extremely clear and concise. This, among other things, will greatly facilitate the appeal procedure, if the need arises. For example, if filing a petition with a court involves involving an expert in a meeting, you should indicate the specific person and note the readiness to ensure his appearance at the appointed time.
  • Lead time. It is best to make a request in advance. In practice, of course, there are times when you have to do this directly during the meeting. But such situations are rather considered an exception. In addition, in many cases to predict the outcome of the meeting is not just difficult, but even impossible. In this regard, experts recommend preparing several options at once. The consideration of the application by the court is carried out taking into account the views of the parties to the process. filing a petition with a court

Mandatory details

The application is compiled in accordance with the established scheme. The law prescribes the inclusion of mandatory details in the application. These include:

  1. Name of the authority to which the application will be sent
  2. Author's full name, contact information (address at the place of residence / stay, phone number). If the enterprise acts as the applicant, its name, legal address, and the name of the representative are indicated.
  3. Information about other aspects of the process. The same information is indicated here as above, but with respect to other persons participating in the meeting (defendants, third parties).

Sample petition to court

After the details in the center of the document should write its name. In this case, it is the “Application”. After that, the essence of the statement is set out.If the petition is written about any violations, you must specifically indicate them. As mentioned above, it is advisable to back up your words with articles of law. In addition, circumstances should be described in which an unlawful act took place. If a petition is filed to bring a person to a hearing, you must indicate why this is necessary. The same applies to the adjournment of the meeting, the deferment of payment of state fees and other matters. The applicant's arguments must be convincing. It is also advisable to attach documents proving certain facts to the application. If the petition concerns a change in the claims due to arithmetic errors or other inaccuracies, new correct calculations should be provided. They can be included in the application or attached as a separate document to it. At the same time, in the application itself, in addition to explanations, the court should be asked to attach new calculations to the case file. court petition

Conclusion

The requirements should be very clear. The requesting part provides references to an article of the procedural code, which stipulates, in fact, the very right to file a petition. If documents were attached, it is necessary to list them with an indication of the form in which they were submitted (originals or copies), how many of them for each item. At the end is the date of compilation and signature.


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