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How to file a petition with the court?

An application to a court is a request of a party to this instance. It consists in submitting a request or refuting a decision. With the help of such paper, the defendant or the plaintiff communicates with the court, makes complaints and submits for consideration important points that were not taken into account earlier.

Knowing how to file a petition with a court can help in different situations. For example, The child is sick, you are not able to attend the meeting and you want it to be postponed or held without your participation in it. Or maybe you were refused to provide the necessary document, which should be used in the consideration of the case, and you want to ask the court to reclaim it. It can also be a mistrust of the jury and a request that they be withdrawn from participation in the court session. Under the generally accepted rule, an application to the court is filed in writing. However, in case of your presence at the meeting, it can be filed orally, which will be included in the general record of the case.

Your petition must be examined by law, but not necessarily that is satisfied. For this very reason, any petition to the court must be properly motivated. It should include a list of reasons why you ask the court to take an action. To the request, you can attach the necessary documents for this, which would unequivocally confirm your position. For example, if a petition to the court is related to a request to postpone the meeting because of your illness, you must attach a copy of the sick leave sheet or a certificate that you are on inpatient treatment.

Requirements for writing an application to the court

Strict requirements, how to write a petition to the court, does not exist. When it is issued, it is recommended to follow the same rules that are used when writing statements of claim: indicate the names, addresses of persons who participate in the case, the name of the judge, the number of your case. Then it is necessary to state the petition itself together with the circumstances that justify it. The document must contain the signature of the applicant.

To some petitions (on the challenge of the judge, on securing the claim, on issuing a duplicate of your writ of execution), the law requires special requirements. They can be specified in special procedural codes or consulted with a lawyer about this.

Rules for writing an application to a court

As a rule, such a document is not subject to state duty, but nevertheless the tax The code provides the following exceptions to this rule:

  • The application for the enforcement of the claim (for those cases that are examined in the arbitration court) - not less than 2000 rubles;

  • The filing of an application for a second copy of the judicial act, the record of the court session, a copy of another document from the case issued by the court, as well as when filing applications for the issuance of the executive document (its duplicate) - 4 rubles per page, but at least 40 rubles.

To properly draw up a paper and correctly state the essence of the matter, it is worthwhile to turn to lawyers. They will help to write competently the petition to the court, which will be examined by the court without any excuses.

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