The petition to the court, the sample of which will be described later, is in fact the official form of communication with the person authorized to consider the case directly in the courtroom during the process. It may be submitted in writing or orally. The petition contains a request to the judge to complete a procedural action or to take a decision regarding the situation under consideration. Let's consider in more detail how to make petition to court (sample).
Subjects of law
You can submit a request:
- Accused.
- Lawyer.
- Victim.
- Suspect.
- Defendant
- Claimant.
Subjects of law may also be public prosecutor and defense attorney, prosecutor. If the plaintiff, defendant, accused, suspect, victim has a representative by proxy, he can also file a petition with the court. The sample application contains special columns that indicate the legal status of the participants in the case. This information is at the top of the document.
Important points
If the court rejected the application, this decision can be appealed. Also, a request that has not been accepted and executed may be re-submitted at a later stage in the proceedings. In this case, one should distinguish between a petition and a petition to court. A sample of the first document provides for the indication in the mandatory details of several subjects of law at the same time. In other words, a petition is a collective request to the authorities as a whole or to any particular authority. If an oral request has been made, it must be included in the minutes of the meeting. The secretary should pay attention to this. There are times when the request remains in words and is not recorded anywhere.
Links to legislation
Do I need to include legal norms in my petition in court? A sample document can conditionally be divided into several parts. Directly in the request text should contain the request itself and the arguments justifying it. You can not refer to legislative norms. However, qualified lawyers recommend approaching the issue of making a request more professionally. This is especially important when cases that fall under the Criminal Code of the Russian Federation are examined and a petition is filed with the criminal court. The sample document presented in the article contains references to the norms. This design of the request is considered the most appropriate. The same applies to cases when a petition is filed with the court of appeal. The sample statement provides for the reflection of the clear position of the person constituting it.
The specifics of the presentation
In practice, there are frequent cases when considering a dispute on the merits, the court does not want to perform certain procedural actions necessary for the applicant or his legal representative. In this case, the person authorized to hear the case may not refuse to accept and implement the request. The court may pretend that it does not understand the applicant's claims. As a result of this, he does his own way, often to the advantage of the opponent.
As a rule, in such situations, the court is simply incompetent in the matter raised. In this case, interaction with an authorized person should be carried out more specifically. This is important, for example, when a petition is filed with a magistrate court. The sample application form does not explicitly establish the need for a clear statement of the request.However, in order to avoid difficulties, lawyers recommend that the essence and options for implementing the application be stated as concisely as possible. Along with this, you should not cross the line. In no case should the court be told what it should do. The text of the application should be drawn up as a request, not an order.
When to write a statement?
There is no direct indication in the legislation at the time when a request should be made and presented to an authorized person. It is not forbidden to write a statement by hand directly during the process. However, here you should pay attention to the sample presented in the article. The petition to the Arbitration Court, district, city and any other is best made in advance using a computer. The text of the request should be accessible for reading and understanding. It is not always possible to easily make out a person’s handwriting. In addition, preliminary drafting of the request (before the meeting) will save time in the process of the trial and will not distract the court or other participants from the case itself. In an extreme case, you can write a statement directly in the building of the court. But you should try to do this before the meeting, and not during it.
Advice for Lawyers
Practitioners who act as representatives in the courts need to work out various options for applications in advance. A competent lawyer predicts several options for the course of the case and prepares the necessary papers in advance. The request should be made taking into account the grammar, punctuation and vocabulary of the Russian language. Along with this, the lawyer must use terms that are understandable to the court and accepted in procedural law. Errors in the text should be avoided. As a rule, the application is compiled on a computer in the Word editor. This program provides the function of highlighting spelling, lexical and punctuation errors. If necessary, you can consult with the corrector.
Finally
The community of lawyers has not formed a common (unified) base of applications in the Russian Federation. It should be borne in mind that each business has its own specifics. In this regard, the application, as an agreement or contract, is quite individual in terms of its content. However, for all such applications, a general processing procedure has been established. As mentioned above, mandatory details must be present in it. These include the name of the court, name of the person considering the case, information about the participants in the process. Must be the title of the document. After the text, the applicant must put a number and sign. If you are not sure of the correctness of the application, it is better to consult with a lawyer.