LawCriminal law

Objection to the statement of claim. How to defend your right to defense?

In the event of disputes between both individuals and legal entities, the most appropriate action is to go to court. However, not only the plaintiff has the right to accuse the other side of the process of violating their own rights stipulated by the laws of the country. The defendant can file an objection to the statement of claim, thus denying the legitimacy of going to court. Thus, the second party realizes its right to defend and refute all charges brought against it by the plaintiff.

Objections to the statement of claim are of two types:

  • Procedural;
  • Of a substantive nature.

The first document is a denial by the respondent of the lawfulness of the very fact of the court and the recognition of the accused party as the violator of the rights of the plaintiff. However, the very requirement, in fact, remains. Here are the main points that the respondent can make, filling out a sample of the objection to the statement of claim in this case:

  • Request for the replacement of the accused party to the trial ;
  • Non-legal nature of the claim;
  • The fact of the expiry of the limitation period for the case;
  • Incomplete legal personality of the plaintiff;
  • Personal interest of any of the representatives of this process in achieving a certain result (judges, jurors, assessors), which may affect the course of the case;
  • This accusation has already been considered, and a decision has been made on it;
  • This court does not have the authority to conduct such a process;
  • Pre-trial resolution of the disputed situation was not properly conducted in compliance with all relevant rules;
  • There are obstacles of a procedural nature of a different kind.

If such objection to the statement of claim is fully satisfied in the court, the case will stop. The claimant, in turn, will not receive satisfaction on his demand.

Objections to the claim of the second version are intended to protest against the actual or legal validity of the existing claim. In this case, the respondent must rely on substantive rules of law and provide a number of reasons fully justified by law, proving that the second party does not have the grounds for filing a claim. Legal conclusions can be refuted not only things and documents, but also the fact of objection to the statement of claim.

A mere denial can be brought by the accused party if the claims were misconstrued or justified. That is, there is not enough substantial evidence of the need for a statement of claim. In this controversial situation, the objection will contain unobvious conclusions on a certain inference based on certain information contained in regulatory documents. It is she who should serve as a further basis for refuting the demand.

If, however, the material and legal objection to the statement of claim does not contain a number of evidence, if there is no need for such, then the accused party must present to the court incontrovertible facts of a legal nature that will be on his side. When deciding in favor of the defendant, the demand remains without due satisfaction.

Directly to the very form for filing an objection by regulatory enactments, certain rigid requirements are not put forward. The defendant has the full right to compile this document in an arbitrary form, setting out all the necessary facts in a more convenient order for him. However, in order for the objection to be effective, and in the future became a valid reason for taking a judgment in favor of the accused, this party must have an impressive baggage of legal knowledge. Therefore, if there was a need to raise such an objection to the statement of claim, most often the client turns to an experienced lawyer, who takes responsibility for the drafting of this document.

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