At work or in personal affairs, the civil process in the modern world is often encountered. These are various transactions, contracts, family and labor troubles, etc. One way to defend a defendant in a case is to withdraw the statement of claim. What it is and how to compose it will be useful for everyone to know.
Recall (objection) to the statement of claim
Article 149 of the Code of Civil Procedure of the Russian Federation in subparagraph 2 of part 2 directly indicates that at the preparatory stage the trial on the part of the defendant or his representative may be objected to the claims. Third parties also have this right. Objection - this is nothing more than a response to the statement of claim. Compiled by his defendant in order to protect their interests. The document should be formulated very clearly and reflect the position of the person who provides it. The response may be negative, expressing a strong disagreement with the claims. Or reflect the neutral attitude of the participant in the proceedings. Most often, the recall contains data that prove that the citizen is not guilty of the situation or is not related to the process.
Substantive objection
Such a review disputes the presented claims. It is based on the norms of Russian substantive law. However, declaring it, the defendant must provide a good evidence base according to which the court will be able to make a decision on the groundlessness of the claim.
Procedural objection
The purpose of his statement is to convince the court of the illegality of the procedural grounds of the proceedings. It does not refute the claims submitted, but provides evidence against the organization of the trial. Typical examples of such objections refer to a violation of the jurisdiction and jurisdiction of the case, the expiration of the deadline, the capacity of the plaintiff, the need to replace the defendant, etc. They may also indicate that a decision has already been made on the identical claim.
Written response to the statement of claim: structure
A large number of samples and examples can be found, they are all similar, since they have a single structure. Knowing her, you can draw up a document on any issue and this will not cause much difficulty. The recall includes three structural elements:
1. The introductory part contains significant information, it is written in the upper right corner:
- name of the court in the proceedings of which is a civil case;
- Name of applicant;
- address and contact details of the applicant;
- indication of the civil case number;
- Name of the defendant and the plaintiff.
2. The narrative. It should be started by indicating the name of the document (for example, “Recall of a statement of claim for debt collection ...”). The following is the essence of the requirements. The applicant gives an explanation of the factual circumstances of the case, brings his arguments and facts, supported by documents that he attaches to the objection.
3. The final (summary) part. Having summed up all the information that was stated above, the applicant formulates his request to the court. Be sure to indicate the need for familiarization with the materials on the civil case of this recall and the method of its resolution. The applicant must make an accurate list of the attached documents. In conclusion, you need to put the date of the document in the lower left part, and the signature with the obligatory decoding in the right part.
What to look for?
The response to the statement of claim must be written in accordance with the general requirements. Code of Civil Procedure of the Russian Federation, article 131. But besides this, the applicant should pay attention to the following key points.
- Reflection of circumstances on the merits of the case, that is, those directly related to it.
- The request should be stated in a restrained official business language, without emotion. Dry statement of facts and conclusions on them.
- It is advisable to include in the review links to regulatory legal acts related to the circumstances cited in it, and other documents. You can also indicate which norms of the law are violated by the presented claims.
- The review does not always contain only those provisions that express disagreement with the position of the plaintiff. It can also indicate additional information that may facilitate the procedure for the consideration of a claim by a court.
Objection to court
There are no legal norms that limit the procedure or method for filing a response to a lawsuit in the civil legislation of the Russian Federation. Objections are filed with the judicial authorities in the proceedings of which the present case is pending.
The defendant and third parties can submit a response while preparing the case for trial in the registry of the court or by registered letter. In the second case, it is recommended to do this in advance in order to prevent the process from being delayed. The judicial authorities and all participants in the case may familiarize themselves with the content of the recall in advance.
Recall to arbitration court
The filing of an objection in this case has some features. The process is clearly regulated by the APK of the Russian Federation (Article 131). Sending or submitting feedback is the responsibility of the defendant. In it, he must indicate objections to all the claims that are presented to him, for each argument contained in the claim.
Feedback on the statement of claim to the arbitration court can be submitted by filling out a special form, which is available on its official website. All applications can also be provided in electronic form, which greatly simplifies the procedure and saves time.
The review shall be sent to the arbitration court and to all persons participating in this process by means of a registered letter having a notice of delivery. The deadline should provide the opportunity to familiarize yourself with the objection before the hearing. As for the structure, it remains the same as mentioned above.
If the respondent does not provide a response to the statement of claim within the established time period (a sample for a civil proceeding is given below), the arbitration court has the right to consider the case on the evidence in the case or set a new date for its submission. Do not forget that if the representative signs the objection, then you must also attach a power of attorney (copy) or other document establishing his authority to sign this paper.
Feedback on the claim: an example
AT _________________________
(name of court)
From: _______________________
(full name, address)
in civil case No. _____
on the suit _________ (full name of the plaintiff)
to ___________ (full name of the defendant)
REVIEW
to the statement of claim
The plaintiff filed a lawsuit about _________ (indicated briefly about what).
According to the claimed claims, I explain the following _________ (actual circumstances relating to the case, which the applicant is aware of, are indicated).
I believe that when making a decision, the court should _________ (indicate the decision in the case, which, in the opinion of the applicant, the court should make).
The arguments that are set out in the recall are confirmed by the presented evidence _________ (in the form of a list indicate the evidence confirming the position of the applicant).
On the basis of the above,
I beg:
- This review (objection) to the statement of claim should be attached to the materials of the civil case.
- Claims filed by the plaintiff _________ (it is indicated what the court’s conclusions and the decision on this case should be, in the applicant’s opinion).
The list of documents that are attached to the response to the statement of claim (number of copies according to the number of participants in the process):
- Copy of statement of claim
- List of evidence set out in the recall on the claim and confirming the applicant's arguments.
“___” ______ ________ g (date on which the review was submitted) Signature _______
