Art. 133 Code of Civil Procedure of the Russian Federation is devoted to the decision by the court of the question of whether to accept the claim for production. Despite the small volume, it hides many nuances associated with the work of the court.
Article 133 of the Code of Civil Procedure in the system of legislation
The law clearly regulates the actions of participants in the trial, including the court. However, in order to understand certain norms, they must be considered in connection with other articles of the Code. No exception and Art. 133 Code of Civil Procedure of the Russian Federation. It is dedicated to the verification by the court of the readiness of the claim for consideration and resolution of other issues.
How a lawsuit gets to a judge
The claim was submitted to the court clerk in person or by mail, it is first processed by the court clerks.
They register it, assign a number, check the availability of all documents described in the application, their copies. If any of the specified document is not enough, in particular, there is no receipt on payment of state duty, an act is drawn up that is sent to the claimant. All these actions are regulated by the instructions for clerical work in court.
Acceptance of the statement of claim is a question in practice that is often resolved in the office.
Assistant Judge Role
Each time the law speaks of a court or a judge, the actions of auxiliary personnel, such as secretaries and assistants, are also implied. Secretaries deal with agendas, acceptance of correspondence, and other matters. On the assistant lies more serious and no less voluminous work.
Art. 133 of the Code of Civil Procedure of the Russian Federation obliges the judge to verify the claim, but most often the assistant is engaged in this. Often the judge instructs him to prepare cases in simple lawsuits, he himself deals with those that are more complicated.
What are the challenges facing the court
If you connect art. 133 Code of Civil Procedure of the Russian Federation with other articles, the consideration goes on several points:
- compliance with formal requirements (information about the parties, content of the claim, payment of state duty);
- if the lawsuit is filed by the prosecutor or other authority, the validity of the action on their behalf is examined;
- signature and full name of the plaintiff or his representative.
The court is obliged to find out whether copies of the necessary documents in sufficient quantities are attached.
The plaintiff must prepare the number of sets according to the number of participants in the process and one set for the court.
Art. 132 Code of Civil Procedure describes what documents, when required, that the claim was accepted in some categories of cases.
In particular, it is mandatory to calculate the requirements in the case for the recovery of funds or documents confirming the applicant's pre-trial procedure before sending the application.
The described procedure should take no more than 5 days, starting from the day the claim was submitted to the court. Due to the workload, more time is spent on making a decision (about a week).
What happens next
The outcome of the review may have several options:
- leaving the claim without motion with the provision of time to eliminate the shortcomings;
- return to the plaintiff;
- refusal to open production;
- opening a business and accepting it for production.
The court decision is made out by definition. Art. 133 Code of Civil Procedure of the Russian Federation does not say anything about its design and content. I must say, each judge draws up a document in his own way. For some, it takes several pages, while others fit into half a page.
What do they write consistently? It:
- court name or plot number (if it is a magistrate court);
- case number;
- description of the procedure - after considering the lawsuit, it determined: to open proceedings and send copies of the lawsuit with the materials attached to all participants along with summonses;
- Indicate: date, time and place of the preparatory meeting;
- the date of adoption of the decision is set, the judge’s signature, his initials, and the court’s seal is also put in the office.
In addition, it is recommended to carry out certain actions, other judges, wanting to save time, list what documents still need to be provided.
The original definition is put into action, copies are sent by mail to the participants in the process. If the plaintiff wrote a corresponding application, a message about the date and time of the process is sent to him by SMS.
The Civil Procedural Code of the Russian Federation gives judges some freedom in the procedure for making a claim, which positively affects this stage of work on incoming materials.