In the practice of litigation, there are frequent cases where the party of the plaintiff raises the issue of some clarification of the claims. What it is? How should this procedure go?
Influenced by circumstances
The rules of civil proceedings do not prohibit the parties from influencing the course of the process. To a greater extent this applies to the plaintiff. During the consideration of the case, he has the right to raise the issue of the complete cancellation or clarification of claims. Due to various life circumstances, his representative may declare his desire to change the subject or basis of the originally submitted application.
Moreover, it is not at all necessary to explain to the court the reasons that prompted him to commit such an action. You just need to argue your decision. About any clarification of claims we can talk when, for example, new circumstances have been revealed that significantly change the overall picture of what is happening. Most often this concerns the financial side of the issue. Perhaps, while drafting the statement of claim, any facts were unknown. Having opened later, they can force to look at a problem a little differently. There are even cases when the question is raised not about some clarification of claims, but about their complete cancellation. Then the court begins a new trial, taking into account the circumstances.
Question Details
In order to perform certain actions, you need to know about the consequences to which they can lead. In addition, one must understand how to resolve the issue of clarifying claims. Indeed, the right to such actions is confirmed by Article 39 of the Code of Civil Procedure of Russia.
Based on its content, it is necessary to consider the following important circumstances:
1. The plaintiff must express a desire to amend previous requirements in writing. The court will not consider oral statements.
2. The document may be executed in the form of an application. In order for the court to be able to deal with the new requirements, supporting documents must be attached to it. These can be refined calculations or certificates that clearly describe the situation in the light of new circumstances.
3. The term for consideration of this case will be postponed and will begin from the moment when the relevant clarification is submitted to the court.
4. As a matter of fact, the resolution of the issue will be postponed for some time, as the respondent should re-prepare his defense.
Most often, the plaintiff does this in the event that, at the time of consideration of the case, the defendant continues to commit the same unlawful actions that became the subject of this lawsuit.
Making new requirements
To reconsider claims made earlier, it is not necessary to draw up a new lawsuit. Clarification of claims can be reported by drawing up a statement.
It can have two options, depending on the reasons that prompted it to draw up:
- Change in the basis of the requirements.
- Change in the subject matter of the lawsuit.
In the second case, there are also two ways to implement the updated requirements:
1. Replacement of the type of property required. For example, the plaintiff initially expressed a desire to receive monetary compensation from the defendant for the harm caused. After clarifying some of the circumstances, he wanted to change his mind on this score, and wished that certain property owned by the defendant was transferred to him.
2. Change the previously selected collection method.In this case, the application will be considered, even if the requested amount does not change. For example, he may demand compensation due to him in whole or in part.
The plaintiff must express his desire in the form of an application addressed to the court. At the very beginning, it will be necessary to indicate the circumstances that may have been clarified during the trial, and then state your vision of the solution to this issue.
Limitation of requirements
After the plaintiff submits a new application, the court must react to it and make a “Decision on the clarification of the claims”. It should be drawn up taking into account the latest changes in the circumstances of the case.
But do not forget that the law allows you to review only one element of the claim (object or reason). This is stated in article 39 of the Code of Civil Procedure of the Russian Federation. You cannot change both components. In fact, in such a situation, a completely new lawsuit will be created that requires a separate review procedure. Therefore, the court has the right to satisfy the requirements only in one of the parts. Sometimes this leads to the fact that the movement of the case is suspended. In its determination, the court is obliged to argue the decision. If, however, the plaintiff does not like it, he may, on the basis of Article 331 of the Code of Civil Procedure of the Russian Federation, file a complaint or appeal to the appropriate authorities. This should also be said in the Definition. The court must explain any decision from the point of view of the law, based on specific articles of the code.
