An application for changing claims is already written during the trial, after the case was opened by the judge. Despite the absence of formal rules for its drafting, it is nevertheless presented with requirements justified by judicial practice.
Plaintiff's right
As part of the process, the plaintiff may file an application to change the subject or basis or price of the claim. He also has the right to reduce or increase the amount of claims (we are talking about the amount that the plaintiff wants to recover or in which the subject of the dispute is evaluated).
The law stipulates this as the right of the plaintiff. The judge has the right to only indicate the consequences of changing the wording or leaving them in their current state. One of the principles of legal proceedings - the court resolves the dispute as part of the claim, within the limits of its claims.
If they are incorrectly formulated, the decision made on them will be impracticable or meaningless. The judge is not obliged and does not have the right to correct errors in the statement of claim at his discretion. Going beyond is possible in exceptional cases provided for by law.
In the civil procedure, the party who filed the claim has the right to change the subject matter of the claims.
Reasons for writing
The application for changing claims is written for various reasons. In practice, they face the following factors:
- Lack of sufficient justification for a court request.
- Errors or inaccuracies in the description of the subject of the dispute.
- Errors or inaccuracies made in the calculations.
- Occurrence of new expenses in the course of consideration of the dispute.
It so happens that the requirements of the claim could not be precisely stated due to the circumstances, for example, there was not all the information that the plaintiff needed.
Claim requirements
The claim is what the plaintiff wants to achieve by filing an application. Clauses of the application, which directly indicates: "recognize the right of ownership ...", "to recover losses in the amount of ...", etc., may be several. But he can be alone, depending on the wishes of the applicant.
By the way, several requirements are always interconnected. For example, it is impossible to recognize the ownership of the plaintiff until the corresponding entry in the register of rights is canceled.
Not only the completeness of the requirements is important, but also their sequence - the steps that the court takes to resolve the dispute and protect the rights of the applicant.
A sample application for changing claims is selected based on the category of the case (recovery of losses, division of property, etc.). And if they have serious differences among themselves, this does not mean that one is correct, and the second is not.
To whom to address it
The application for changing the claims is written in the name of the judge who began the proceedings on the dispute. Materials are signed for a specific judge within two or three days. Therefore, if it became necessary to file such a document, and the case has not yet been opened, the court registry will tell you whose name it should be addressed to.
If the case is already open, and meetings have begun on it or a subpoena has been sent, there are no questions to whom to write.
What does the structure of the document look like?
A statement of amendment of a claim or other petition is written in a standard way. The document includes the following information:
- name of court;
- initials and surname of the judge;
- who is the author of the application (plaintiff, representative, etc.)
- text of the statement with references to the legislation;
- essence of change;
- documents attached to it;
- the initials of the submitter and his last name.
Features of the arbitration process
If you take a sample application for changing claims to the arbitration court, there is almost no difference. The rules of law are the same, but formulated in more detail. And in the Code of Civil Procedure it is indicated that when the requirements change, the countdown for the consideration of the case begins anew.
The AIC expressly states that the plaintiff has the right to send a corresponding application before the judges are removed to the deliberation room.