A power of attorney to conduct business in court is a document giving the right to represent other people's interests in the course of a trial. Legislation lays down a number of requirements for it, affecting how it should be drawn up and what powers are delegated to it.
Why is she needed
A power of attorney to conduct business in court is an integral part of representing other people's interests. After all, the trial entails serious consequences for the interests of the person and the organization, and the judge must be sure that the person taking these or those steps really has the right to do so.
Legal requirements
Procedural law obliges to draw it up in writing. Without a power of attorney to conduct business in court, no one is allowed to a meeting.
The law distinguishes two groups of powers. One is transmitted automatically, by virtue of a power of attorney. As for the second group, here the right to perform certain actions should be stipulated in the document. Otherwise, it is not considered that it was transferred by the plaintiff or defendant. The only exception is the statement of the party during the meeting on the transfer of powers noted in the minutes of the court session.
Who certifies
This includes the rules of civil law governing matters with a power of attorney. For example, a power of attorney for conducting cases in court is allowed to be certified not only by a notary public. There is a stereotype that only they are entitled to engage in its assurance, but this is not entirely true.
A person who wishes to draw up a power of attorney has the right to assure it:
- the chief of the military unit in which he is serving;
- at the chief physician of a medical institution where he is in hospital;
- at the place of work (a certificate from the place of work or other document confirming the existence of an employment relationship is attached to it);
- the head of the institution in which the citizen is serving a sentence;
- at the place of residence (in the HOA, the servicing cooperative, the management company, etc.);
- in the municipal administration, if it provides services instead of a notary public (this is possible even in some places where there are no notaries).
Rules for registration
If you take a sample of a power of attorney to conduct business in court, then it is drawn up according to a single scheme:
- Date of certification.
- Location (city or town).
- F. I. O. and passport details of the person transferring authority.
- F.I. O. and passport details of the person receiving authority.
- The list of transferred rights.
- Validity period of the power of attorney.
- Signatures of the principal and certifier.
- Seal of the organization that certified the power of attorney.
Do you need forms
It is believed that the presence of a form eliminates the need to stamp the document and the power of attorney in particular. However, this is not so, a seal is needed - this is confirmed by judicial practice and the requirements for a notarized power of attorney. Despite the use of a special secure form, it is still present.
Features of certification of the described document by notaries that all forms are numbered, each power of attorney has its own number, and information about it is entered into the register. And one of the advantages of notarization is that the document can be canceled. A mark is entered in the register, and then all actions performed with the canceled power of attorney are considered illegal.
Representation in civil matters
A power of attorney for conducting civil cases in a court gives the right to all procedural powers. As mentioned above, the right to some of them arises if a reservation is made. These include:
- the right to sign a claim;
- the right to submit a claim to court;
- the right to submit a claim to the arbitration court;
- filing a counterclaim;
- full or partial rejection of the claim;
- reduced requirements;
- recognition of requirements;
- change in the subject and grounds of the claim;
- signing a settlement agreement;
- transfer of authority to a third party;
- the right to appeal the judicial acts adopted in the case;
- presentation of an executive document;
- receipt of the awarded property.
Disputes with the state
A power of attorney for administrative proceedings in a court is executed in accordance with CAS. He is considered a clone of the Code of Civil Procedure, and the rules, in particular affecting the design of a power of attorney, are similar. Nevertheless, there are nuances. So, it is forbidden to take explanations from the represented person and force him to participate in procedural actions. The document should stipulate the commission of the main procedural actions, while the right to perform them independently or with the consent of the represented person is indicated.
The list of powers that the law obliges to indicate is almost identical to the list from the Code of Civil Procedure. The only difference: the signing and filing of an application for review of the case is made according to newly discovered circumstances. CAS requires confirmation of authority using an official certificate, and not just a power of attorney.
Economic disputes
A power of attorney to conduct proceedings in an arbitration court is drawn up according to almost the same rules. For example, a lawyer just needs to get a warrant to do business. Authorities or representatives of organizations are required to certify power of attorney with their seals, the same applies to entrepreneurs. A power of attorney from a citizen is issued either according to the Civil Code, or in a notarial form. The rights to transfer powers orally, unlike other codes, are not provided by the agro-industrial complex.
The list of powers that are specified in court is similar to that specified in the Code of Civil Procedure. In addition, the right to file an application for opening a case due to newly discovered and new circumstances is prescribed.
Finally
The law gives the right to citizens, organizations and bodies to issue powers of attorney to represent their interests. Partially, the requirements are set out in the Civil Code, partly in the procedural codes. Normally, regulation is no different, but there are still some nuances. So, in the arbitration process, it is not possible to declare the transfer of rights orally.