Numerous daily trials throughout the country suggest that citizens are struggling to defend their rights. When submitting an application stating the problem and petitioning to somehow influence the current situation, simply an uncountable number of lawsuits are drawn up. But what if during the drafting process some moments were missed that could affect the future court decision and, of course, the result of the resolution of the dispute between the plaintiff and the defendant? Clarification of claims is a fairly common occurrence in legal proceedings.
But it is this document that allows us to state all the claims against the defendant. How to properly draw up such a document, which articles of the law should be referred to in order for the court to take it into consideration, is described in this material. Also, the features of the preparation of clarifications and articles for proceedings in civil cases and in the arbitration court will be considered. It should be noted right away that a correctly made clarifying statement will become the key to a positive court decision regarding the plaintiff. At the same time, when making mistakes, the clarification may not be accepted.
Definition of a concept
To begin with, it should be considered what exactly the concept “specification of claims” implies. It would seem that the question is not too complicated, and it is quite logical to assume that this statement should be amended with respect to claims, but this concept is not mentioned in the civil, family, business or any other code. This raises the question of whether the clarification of the claims has any legal force and whether it can be considered in court.
To answer it, you need to understand the essence of the document, which is that clarification in this case means the submission of a correctly composed statement with all the requirements and contentious points set forth in it. It follows that the filing of this document is regulated by the same norms and rules as the lawsuit originally filed with the court, and its essence is that the old statement is replaced by a new one, and the court takes into account the requirements and claims set forth in the last clarification.
At the same time, guided by Article 39 of the Code of Civil Procedure, which gives the right to change the subject, the basis and the requirements set forth in the lawsuit filed for the hearing, the plaintiff may submit a clarification of the claim in order to assert his rights in full. It is this article that makes the addition of requirements legal.
Compilation: main plot
To correctly write a statement about clarification of claims, it is necessary to clearly understand its structure and the main plots that should be in it. Schematically, both the lawsuit itself and the clarifications to it can be divided into several main parts.
1. The "cap" of the document, where it must be indicated:
- to which court the clarification is filed and to which lawsuit;
- data of the plaintiff (full name, his address of residence and registration, place and date of birth);
- respondent data.
2. Be sure to indicate that this statement is a clarification of the claims and write the name of the previously filed lawsuit.
3. In the main part it is necessary to re-describe the entire controversial situation with the necessary additions and justify the illegality of the actions of the defendant, guided by law.
4. Next is the final part, which lists all the requirements in a list.
5. You should also put the date and signature of the plaintiff.
When drafting, you need to pay attention to the fact that, in contrast to the initial application, the clarification of the claims, a sample of which can be considered in this article, does not contain a story with a list of attached photocopies of documents, since the clarification in the court case will be attached to the application that was initially submitted for consideration, in which all the submitted documents are already indicated.
Deadlines
Are there any time limits for submitting this document to the court? There are none, however, it must be borne in mind that, no matter the time of consideration of the application for clarification of claims, the case will be dealt with from the very beginning, taking into account the newly discovered circumstances and, accordingly, the claims put forward.
Sample Compilation
As already mentioned, the clarification is an updated version of the lawsuit, which was originally filed. Having the main plot, which should contain a clarification of claims, a sample document, it is quite possible to compose it yourself. However, it should be understood that if the price of the claim increases, for example, if the dispute was only a house, and bank accounts were added to it when dividing the property, then it will be necessary to pay a state duty. At the same time, if the claim is rejected due to a mistake made during the preparation, it will need to be corrected and filed again. The presented sample will help to correctly compile the clarification.
Is a petition necessary?
It should be understood that under the guise of clarification or additions it is unacceptable to submit a new application. Enough clarification from the plaintiff about the decision to change the amount of the claim or make additions regarding the events under consideration, and therefore an additional request for clarification of the claim is not required, it will only be necessary to draw up a document on the submitted sample and submit it to the court.
GCP clarification
What should be guided by when considering disputes of a civil type in order to substantiate your legal right by submitting clarification of claims? The Code of Civil Procedure in article 39 suggests that the plaintiff may amend the lawsuit and claims or completely abandon it in favor of a settlement. At the same time, it will not be possible to simply withdraw the application and refuse the trial, provided that unlawful actions have been declared against any person. The court will never ignore the contradiction to the law and violation of the rights of citizens.
This article may be referenced in all civil proceedings.
Submission of APK updates
It must be remembered that those articles that are suitable for civil cases cannot be applied in arbitration proceedings. This raises the question of whether it is possible to supplement and clarify claims filed with an arbitration court. And if possible, then which article should be guided by. Here you need to work exclusively with the agricultural sector. Clarification of claims in this case is possible on the basis of Article 49. It says that each plaintiff has the right to consider the case, until the court decides to change the grounds, subject, requirements and size of the statement of claim.
