A petition to call witnesses (sample) can be found on any legal website. However, before you download this or that document, you need to think carefully. Samples and examples of requirements made publicly available do not reflect the nuances of a particular case. Therefore, we advise you to turn to a lawyer for advice just in case. However, in general, application writing patterns have a uniform and logical algorithm, regardless of the specific application.
The concept
In the trial, the parties are endowed with initiative. This means that everyone has the right to appeal to the court for the purpose of carrying out procedural actions, which should lead to an objective review. A petition to call witnesses is a written request to court for a clearly stated purpose. Let's move on to the principles.
Principles
There are many different requirements in the lawsuit. To list them all does not make sense within the framework of one article. We will say right away that the petition for summoning witnesses does not have the “correct” established form. Each has its own nuances. However, in general, there are general principles:
- There is no single approved form, sample.
- It is not necessary to refer to laws in a statement. If the application does not contradict the procedural legislation, it will be required to consider it. However, a reference to legal norms will give legal weight to the document. The court will understand that the applicant knows what he is doing.
- The specifics. The principle of clarity and clarity in jurisprudence has not been canceled. It is necessary to indicate the right of everyone to a fair trial, that the witness is ready to testify, his appearance is ensured, he is waiting in the corridor. Then it will be more difficult to argue the denial. The court will have to call a witness, otherwise it will be interpreted as a violation of the principle of independence of the trial.
- Lead time. An ideal option would be to file a petition for summoning witnesses long before the trial. If this is delayed until the last day, then the court may interpret the claim as an abuse of the right and refuse.
- Volatility. Before a court, it is better to have several prepared pre-opened forms. It is not known how the process will go. Oral statements are often not reflected in the case.
What should contain
The petition for summoning a witness to the court does not have special requirements, but must contain:
- name of court;
- details of the parties;
- witness data;
- rationale.
The last point is very important. It is imperative to indicate for what purpose it is necessary to call a witness, that he must explain how his information can affect the outcome of the case. This must be taken into account. Otherwise, the request to call a witness in an administrative case may not be granted. This also applies to other areas of law. Not only in administrative matters.
Petition for a witness in a civil case, example
Here is an example of the main part of the application:
“In the proceedings of the Central District Court of Barnaul, there is civil case No. 763/2016. For the purpose of an objective and comprehensive review of the case, I ask to interview witness A. Ivanov, registered at Altai Krai, Romanovsky District, Romanovo, ul. Proletarian d. 15-2, in the courtroom. His appearance was provided; he was awaiting a call. This witness is a security guard, his workplace is at the checkpoint of the organization LLC Sirius. He can confirm that he was on October 16, 2016 from 9 hours 00 minutes to 18 hours 00 minutes at the workplace. He saw that on this day I came to work at 8 hours 50 minutes. It follows that the disciplinary punishment that I received for being late is unlawful. ”
Criminal proceedings
A petition to call a witness in a criminal case has its own characteristics. Main: it is submitted both at the trial and at the preliminary investigation. In a criminal case, the case should not be delayed before the trial. Already at the preliminary investigation it is necessary to assert your rights, to prove innocence. One of these tools are similar rules.
The requirements for them are similar, as in other branches of law: it is necessary to indicate why the witness should be questioned, what exactly he will explain. Spelling out the argument in the requirements when summoning a witness is very important. If in a civil case all processes are open, then in a criminal case a witness is interviewed by the investigating authorities. Trust objectivity is better not worth it. Therefore, it is imperative to indicate what exactly he must confirm. If the protocol for interviewing the witness is not based on the arguments in the petition, violations of the objectivity of the investigation may be invoked.
Refusal to call witness in criminal proceedings
The requirement to call a witness in criminal matters may be rejected by the investigating authorities. In this case, you must file a complaint with the prosecutor. This can be done with the most “high-profile” phrases: violation of constitutional rights and freedoms, violation of an objective and comprehensive investigation, etc. Such formulations can play into the hands of the court.
Output
Samples of writing an application will not help in the matter on their own, if you do not know some of the nuances when writing. Therefore, we still advise you to contact lawyers for their preparation and submission. This can not only save time, but also money. In criminal matters, it is imperative to hire a professional lawyer.