How to write a claim in a court of general jurisdiction. Sample application to the world court: form and submission form

Justices of the peace consider disputes over amounts not exceeding fifty thousand rubles or property that costs no more than this amount, as well as other cases: alimony, divorce (if there is no dispute about children), administrative cases, some criminal and others.

In addition, the justice of the peace can issue a court order - for indisputable claims, for example, tax arrears, alimony (if they are stated not in a fixed amount, but in shares of income), for the payment of amounts due to the employee, etc. A court order is issued without hearing the case within five days from the date of receipt of the application by the court.

When considering the order of filing a claim, there is a dispute about the right, each party can present their arguments and evidence. Dispute resolution, as a rule, takes place in the presence of the plaintiff and the defendant.

Guidance on drafting a statement of claim to the magistrate

It is no different from a claim in a district or city court. The heading of the statement of claim indicates the world court resolving this dispute, the plaintiff and the defendant, their addresses, the price of the claim (if necessary), the amount of the state duty. The court district is determined according to the general procedure at the place of residence of the defendant, and if the organization acts as the defendant, then at the place of its location. However, in some cases this rule does not apply.

For example, a parent with whom a child lives can file a divorce suit at their address. For the protection of consumer rights, the plaintiff may choose the site of the magistrate at his place of residence or at the place of conclusion (execution) of the contract.

The text of the claim lists the circumstances of the case, the violated rights of the plaintiff (in his opinion) with references to articles. The petitioning part formulates the actual requirement for the court: dissolve the marriage, reduce the amount of alimony, recover the amount, etc. The judge in his decision will have to resolve the dispute according to these proposed requirements: to satisfy the claim, to refuse the claim, or to satisfy in part.

The statement of claim is signed by the plaintiff or his representative (in this case, a copy of the power of attorney must be attached) and it indicates the date of filing with the court.

Sample statement of claim in the magistrates' court can be downloaded from the link.

The application must be accompanied by copies of documents confirming the arguments of the plaintiff for the court, as well as, if necessary, for the defendant (defendants) or third parties (if they do not have documents or copies thereof) and a receipt for payment of the state duty. Copies of the statement of claim for the party and third parties are also required. The court will independently send to the defendant (defendant) and third parties their copies with copies.

The statement of claim with attachments can be submitted to the reception of the Magistrate's Court in person with a passport or sent by mail. A proxy may also act on your behalf. When applying through the reception, you should have an additional copy of the application, on which the court clerk will put the incoming number. Then you can be sure that the document will not be “lost”.

Compiling is not easy. Therefore, in most cases, people prefer to turn to professional lawyers. If you decide to make an application yourself, you should read the material below. These tips will definitely help.

Statement of claim as one of the forms of claim

The statement of claim is considered one of the forms of the claim. Therefore, by submitting such an application, a person declares that his rights have been violated, challenged. - this is an external manifestation of the right of a person (legal, physical) to protect his interests.

Article 131 of the Code of Civil Procedure of the Russian Federation contains instructions regarding the rules for compiling this document. These rules are mandatory, so you should not deviate from them. This document refers to the written form as the only possible one.

Required content

The statement of claim should consist of several paragraphs. Among them are:

the official name of the judicial authority to which the application is addressed;
full information about the plaintiff, including index, address; for legal entities - all details;
when filing an application not by the plaintiff personally, but by his representative, information about the representative is needed;
information about the defendant;
the claims of the plaintiff, a statement of the essence of his claims related to the violation of his rights or the potential possibility of their violation;
an indication of the amount of money that it was decided to collect / challenge (the price of the claim);
the circumstances that are the basis for the presentation of claims;
evidence to substantiate the above circumstances;
list of documents attached to the application;
date of.

If not all information about the defendant is known, for example, there is no data on the place of his actual residence, indicate only. In this case, the judicial authorities will determine the place of actual residence of the defendant. If it is found out that the defendant lives in another area, the statement of claim will be redirected to another branch of the court.

Features of the prosecutor's claim

Sample statement of claim in the magistrates' court

When an application is submitted on behalf of a person, it is aimed at observing the interests and rights of the state. In this case, all specific interests are listed without fail, as well as the rights that have been violated, all this is accompanied by a mention of normative acts in which there is data on how the mentioned interests should be protected.

Sometimes the prosecutor submits an application to protect the rights of a particular citizen. In this case, it should be mentioned that the citizen himself is not able to file an application for the protection of his interests. Alternatively, the prosecutor's service may enter information that a citizen's appeal has taken place.

Special clauses of the application

It is not forbidden to include additional contact information in the application. These can be phone numbers of the parties, fax numbers, e-mail. If any information can help in the consideration of the case, it can also be included in the document.

Features of drawing up an application in the presence of several persons in the role of one of the parties

More than one person can be a claimant.

Often more than one person is the plaintiff. A similar situation may arise in relation to the defendant. In any case, the statement of claim must be one. This document should be submitted to the appropriate.

When compiling such a document, all plaintiffs / defendants are listed, accurate information about them is indicated. This is an indispensable condition, because otherwise the court staff will not be able to call on all parties in full force.

When drawing up such claims, it is necessary to distinguish between persons participating in the role of one of the parties and those who are third parties. The difference is that third parties are not directly related to the claims on the subject matter of the dispute. Even if their interests are affected, then in a secondary order.

claim form

Drawing up a statement of claim without strict adherence to the generally accepted form will not end in anything good. It is better to take the standard form of such a document in advance in the court where it is decided to apply. If you encounter difficulties in preparing a document, you can contact a consultant for help.

The structure of the claim

Regardless of the content, the structure of the statement of claim is always the same. The application must contain 3 parts:

Introduction. This part consists of information about the parties (name, address), an indication of which judicial authority the application is being submitted to. The introduction is written in the upper right part. The price of the claim is also indicated here.
Description. This part goes immediately below the name of the document itself. It contains the circumstances stated by the plaintiff, indications of the rights, interests that have been violated or are in a state of potential violation. It is necessary to write here clearly, accurately, observing business style. Emotionality, colorfulness are not allowed. References to specific articles of the law are obligatory.
Conclusion. Here it is necessary to summarize and list the requirements. You need to start this part below the main one through a line break. The first word should be: "Please." Below the conclusion, on the left is the date when the application is submitted to the court, and on the right is the signature of the plaintiff, it is deciphered in brackets.

Features of the application to the world court

Writing an application to the court follows the same principles as applications to the district court. There are no significant differences. The main thing is not to forget to correctly indicate the name of the court to which the application will be submitted in the upper part. The full name of the justice of the peace is not written, there is no such requirement in the regulatory documents.

The statement of claim must have an appendix of documents that will help to understand the case. Their list is included in the application itself, at the end the date and the signature of the plaintiff are also put.

Right to file a claim

The claim must be clearly drafted.

The need to follow generally accepted standards, indicating in the statement of claim certain articles of the current legislation, makes the preparation of this document a difficult task. Therefore, many prefer to turn to professional lawyers for such a service.

This is permitted by law. Even if you decide to draw up a claim on your own, it is better to give it to a lawyer for verification. After all, the presence of inaccuracies, errors will cause the court office to refuse to accept the document. It will have to be rewritten. As a result, this may take an indefinite time.

Features of writing an application

As already noted, the main style of presentation in the statement of claim is businesslike. Existing facts should be accurately stated, descriptions, comparisons, figurative expressions should be avoided, digressions, ambiguity of interpretation should not be allowed. We need figures, specific facts that are directly related to the case. Syntactic constructions need to be simplified in order to prevent a distorted understanding of your position by the representatives of the court.

Content Features

Courtroom

It is forbidden to draw up an application on the basis of data that cannot be confirmed or substantiated. Unfounded statements, the lack of a proven point of view will play in favor of the opposite side. All important circumstances must be correlated with certain articles of the current legislation. Both the articles themselves and the items that are needed at the moment are called.

If links go to financial documents, for example, to checks, receipts, their copies must be attached to the application being submitted, the same rule applies to, and so on. It should be borne in mind that the authenticity of copies of payment documents must be certified. The procedure for certifying them varies depending on the circumstances.

Anyone can go to court to protect their interests. In order to achieve full compliance with your interests in court, it is necessary to correctly draw up a statement of claim. After all, this document reflects the position of the plaintiff, substantiates the legality of his claims. Therefore, it is necessary to follow all the rules for compiling this document, not to deviate from them.

If there is no experience in writing such a statement, it is better to seek help from professionals. For them, the preparation of such documents is a familiar activity, so everything will be done quickly and without errors. Of course, this service is paid. However, the possibility of losing in court due to a misinterpretation of one's position can bring more losses.

Informative video - World Court - history and modernity:

When people do not have the opportunity to resolve a dispute or reach a mutual agreement, they turn to the courts for help. First you need to find out which of the courts - world or district - considers issues similar to the one that has arisen, then study the legislation regarding the disputed situation or consult with a lawyer and draw up a statement of claim.

Sample applications can be found by contacting the Magistrate's Court and, focusing on them, choose a template for your claim. The decision of the judge directly depends on the quality of preparation for the trial, so you need to study all the nuances of this procedure in advance.

What cases fall within the competence of the magistrates' court?

The justice of the peace considers civil, administrative and criminal cases as a court of first instance. If the decision on the claim was made by him and even entered into force, but new important circumstances were discovered, the case is also considered in the same court.

The justice of the peace resolves disputes about property if the value of the claim is less than 50,000 rubles (this does not include inheritance cases and disputes about the creation and use of the results of intellectual activity), considers cases by order (claims for a bill of exchange, alimony payments, some salary requirements and so on.). He is also served with statements of claim on the establishment of a procedure for the use of property or on the dissolution of a marriage in the absence of divorced disputes regarding children, and so on.

Requirements for making a claim

Appeal to the Magistrate's Court is made in printed or handwritten form. The Civil Code of the Russian Federation (Art. 131 and Art. 132) contains information on how to write a statement of claim correctly and what is the procedure for its consideration, as well as the requirements for the document. It should be remembered that the judge will not accept the application if it is left in an arbitrary form without observing the established norms, and also if the consideration of the case is not within his competence.

Before filing an application, it is worth considering your requirements, identifying the appropriate defendant. When drawing up a claim, the applicant must look at the circumstances from the outside in order to describe the circumstances in detail and as objectively as possible. No need to use abbreviations and abbreviations. Describing a controversial issue in a lawsuit, you need to provide specific facts, accurately indicate the time and place of events. The claim must clearly show a causal relationship with the circumstances set forth.

When filing an application with the court, citizens must take into account the statute of limitations established by law, that is, the time during which a claim can be filed with the court. Currently, the law establishes a three-year statute of limitations. This rule applies to absolutely all disputes resolved through the courts. Thus, from the moment the violation occurs, citizens have three years to challenge a certain fact in court.

[What needs to be specified?]

The text of the statement is drawn up in the official style. Neutral language must be used. There are no requirements for the length of the document in the law, but it is desirable that the text be concise and well-reasoned. There is no need to write about your own assessment of the opponent's actions, the judge will draw conclusions on his own. Moreover, it is not necessary to insult the defendant and use slang or obscene language. Such a text will only harm the applicant.

It is better to draw up your claim according to the model (see above). Claim forms are usually posted on the stands in the reception area of the court. In the submitted application (claim), you will need to state the following information:

contact details of the plaintiff (last name, first name, patronymic, residential address, telephone number, etc.);
information about the defendant;
the address and name of the judicial authority where the document is submitted;
surname, name, patronymic of the judge;
a description of the violation or the nature of the dispute;
the cost of the claim (calculated in accordance with the law);
requirements for a lawsuit (pay off debt, file a divorce, etc.);
substantiation of requirements and proof of one's own correctness;
list of attached documents;
date and signature of the applicant or his legal representative.

The text of the application must contain references to legislative acts indicating the violated articles or articles confirming the rights of the applicant. Documents, affidavits, audio recordings, and video footage supporting the alleged facts will be required for a speedy and efficient trial.

[What documents should be attached?]

When the statement of claim is drawn up, it must be supplemented with some appendices, which depend on the circumstances of the case. First of all, these are documents confirming the validity of the plaintiff's arguments. Documents must be evidence-based. It does not hurt to make a copy of the appeal and all attached documents in advance. The number of copies depends on the participants in the trial, because each of them must carry a copy of the papers in question.

Court cases that provide for the possibility of pre-trial settlement of the dispute, for example, by filing a claim, must be supplemented with documents of the corresponding correspondence (letters and answers to them, etc.). It should be understood that non-compliance with the requirements may result in a refusal to accept the statement of claim and consider the case. Regardless of how the requirements are established - by legislative acts or by agreement of the parties, all parties to the trial must adhere to these norms.

Application procedure

The procedure for applying to a magistrate is clearly regulated by the laws of the Russian Federation. Citizens have the right to send a statement of claim in any convenient way.

When preparing an application to the Magistrate's Court, one must clearly follow the requirements of the law for its content and structure. According to the composition and the facts set forth in it, the petition practically does not differ from other appeals to the courts of general jurisdiction. In any case, it is necessary to adhere to those rules of law that are prescribed by the Civil Procedure Code. Some features should be taken into account:

indicating the addressee of the petition, you can write only the full name of the judicial authority, it is not necessary to add the name of the justice of the peace;
when choosing a magistrate's court, be guided by the rules of territorial and tribal jurisdiction, indicated in the Code of Civil Procedure and the Code of Administrative Offenses;
the state fee paid before filing an application is set based on the provisions of the Tax Code of the country.

In addition to the structure and content of the application, it is necessary to take into account the peculiarities of its direction to the court. There are three ways to contact these authorities:

A personal visit to the office of the court with two copies of the application, one of which (it remains with the applicant) is marked with the acceptance of documents. Make sure that the mark contains information about the person who received the documentation package, as well as the date of submission of the papers.
Postage involves the use of a registered letter, it is advisable to make an inventory of the enclosed papers, requesting notification of receipt of correspondence.
Sending an appeal in electronic form will require the use of a digital document format and has its limitations.

The main thing is that all the information in the application should be indicated without errors and violations of the law.

Where to start writing an application?

First of all, the petition indicates the number of the district judge of the peace and the address of its location. In the same line you need to write the name of the judicial body. Next, the full name of the applicant and the amount of claims are indicated, if they are provided for by this proceeding.

When specifying the address, write it together with the index and apartment number. Phone numbers and e-mails of the parties to the proceedings will also be required. In some cases, the name of the position or other information about the applicant is reported. Then the title of the document is written, after which its essence and other important provisions are stated.

What information should be provided in the application?

When preparing an appeal to the judicial authorities, you can use a ready-made sample application to the Magistrate's Court. It, as a rule, already spells out the main points that allow you to easily achieve the desired result. However, it is better to seek help in drawing up an application from an intelligent lawyer. If you decide to prepare a document yourself, adhere to the following content:

start by providing information about the applicant, including place of residence and registration, full name, passport details and other information;
then you need to describe the incident itself, giving its date, exact or approximate time;
what kind of unlawful act was committed by the other party to the proceedings;
if you know the name of this citizen, tell him, adding the address and contact information;
if such data is unknown, ask the court to identify such information in order to bring the violator to justice;
when it comes to compensation for harm or other monetary obligations, state the amount of payments;
it is also necessary to indicate the period of delay or other data on violations of financial obligations;
list the available grounds for filing such an appeal to the court, referring to them on legislative norms;
if there is additional information that could affect the outcome of the proceedings, please report them.

It is advisable to list the available evidence of the offense in the main part of the document. They need to be referenced during the description of this event. Evidence includes documents confirming the existence of legal relations between the parties, written obligations of the other party, according to which violations were committed, testimonies and other facts. At the end of the main part, references to laws regulating such legal relations are listed. Basically, these will be articles of procedural codes and specialized laws.

The final part of the document opens with a pleading section. In it, you need to ask to take the case to court, to bring a certain person to justice, to demand materials on the case or the results of any verification from other bodies, etc. The following lists the documents attached to the application, which include a copy of the application itself. A copy of the identity card and papers proving the existence of an offense and the guilt of the other party to the proceedings should be attached. At the end, the date of circulation and the signature of the applicant with a transcript are put.

from 31/12/2018

When applying to the court, statements of claim are drawn up.

You can download all sample claims. View examples of their compilation. Learn the rules for filing and considering civil cases in court.

To prepare a document, you can seek legal help or try to figure it all out yourself. As our practice shows, most citizens are quite capable of drawing up any statement of claim on their own. To do this, you just need to find suitable samples, deal with drawing up a claim and presenting it to the court.

You have already completed the first task, because you have found this site. Now choose the appropriate sample, download it (it's completely free), get acquainted with the examples of filing claims, ask any questions to our lawyers. We hope that with our help everything will work out for you.

What is a claim

A statement of claim is a written application to the court in which one party makes claims against the other. The person who files the claim is called the plaintiff. The party against which claims are made is called the defendant. There can be more than one plaintiff or defendant in each case. In addition to the parties, third parties may participate in civil cases. There are no requirements for third parties; on the basis of a court decision, they may have certain rights or obligations.

How to file a claim

The claim can be handwritten or typed. The requirements for the content of the application, the rules for filing a claim with the court and its consideration are established in the Civil Procedure Code of the Russian Federation. Documents drawn up in any form, without observing the established rules, are not accepted by the court.

Before drawing up an appeal to the court, it is necessary to determine your requirements, establish the person who will be the proper defendant, and select the court competent to consider such a civil case.

When compiling a document, you should look at the situation from the outside, which will allow you to describe all the circumstances as detailed and understandable as possible. No need to abbreviate words and use abbreviations. When describing a controversial situation, rely on specific facts, indicate the date and place of the events. Requirements should be related to the described circumstances, according to the principle: "cause and effect".

If it doesn't work

The samples presented will allow you to independently deal with the preparation of claims for simple situations, gain primary legal knowledge, and become a reliable assistant for novice lawyers. The site provides a special form where you can ask any questions about the preparation of documents to our lawyers.