In the event of a dispute between both individuals and legal entities, the most correct act is to go to court. However, not only the plaintiff has the right to accuse the other side of the process of violating his own rights stipulated by the laws of the country. The defendant may file an objection to the statement of claim, thereby denying the legitimacy of going to court. Thus, the second party exercises its right to defend and refute all charges against it by the plaintiff.
Objections to the statement of claim are of two types:
- procedural;
- substantive nature.
The first document is the defendant's denial of the lawfulness of the fact of the court itself and the recognition of the accused as a violator of the rights of the plaintiff. However, the requirement itself, in fact, remains. Here are the main points that the defendant can express by filling out a sample of an objection to the statement of claim in this case:
- a request for the replacement of the accused party to the trial ;
- the legal nature of the claim;
- the fact of the expiration of the statute of limitations in this case;
- incomplete legal personality of the plaintiff;
- personal interest of any of the representatives of this process in achieving a certain result (judges, jury, assessors), which may affect the course of the case;
- the charge has already been tried and a decision has been made;
- this court does not have the authority to conduct the course of such a process;
- the pre-trial decision of the disputed situation was not carried out properly in compliance with all relevant rules;
- obstacles of a procedural nature of a different kind take place.
If such an objection to the statement of claim is fully satisfied in court, then the proceedings will stop. The plaintiff, in turn, will not receive satisfaction at his request.
Objections to the statement of claim of the second variety are intended to protest against the actual or legal validity of the existing claim. In this case, the defendant must rely on substantive law and give a number of reasons completely justified by law that prove that the second party has no reason to submit a claim. Legal conclusions can be refuted not only by things and documents, but also by the fact of objection to the statement of claim.
A simple denial can be put forward by the accused party if the claims were incorrectly formulated or justified. That is, there is not enough substantial evidence to draw up a statement of claim. In this controversial situation, the objection will contain unobvious conclusions on a certain conclusion based on certain information contained in regulatory documents. It is she who should serve in the future as the basis for the refutation of the claim.
If the substantive objection to the statement of claim does not contain a series of evidence if there is no need for such, then in this case the accused party must present to the court irrefutable facts of a legal nature that will be on its side. When deciding in favor of the defendant, the claim is not duly satisfied.
Directly to the form for filing an objection, normative acts do not put forward certain strict requirements. The defendant has the full right to draw up this document in any form, stating all the necessary facts in a more convenient manner. However, in order for the objection to be valid, and also subsequently become a good reason for a court decision in favor of the accused, this party must have an impressive body of legal knowledge. Therefore, if there is a need to raise such an objection to the statement of claim, most often the client turns to an experienced attorney, who takes responsibility for the preparation of this document.