A response to a lawsuit is a procedural document that can radically change a court decision. In practice, such a document is also called an objection. However, it does not always involve objection, the defendant has the right not only to partially recognize the requirements, but also completely.
According to the requirements of Article 131 of the APC, the defendant is obliged to provide a review to the arbitration court (the sample is presented in the article) with his objections, to send it to the parties to the trial. The judge has the right to consider the dispute without receiving this document, if it will be possible to resolve the dispute without it. However, in a number of cases, especially if such a requirement is spelled out in the judge’s ruling, a refusal to submit objections can be regarded as a failure to fulfill obligations. On the other hand, the protection of one’s own rights is just a right, but not an obligation.
Objection Rules
Feedback on the application to the arbitration court (samples of several options can be found below) can be transmitted through the office of the judicial authority - this is the best option. Objection can be sent through the mail, but in this case there is a risk that the letter will not arrive on time or even be lost.
Another option is the My Arbiter Internet service. The service is located at: https://my.arbitr.ru/#index. To transfer feedback in this way you will need to register on the site and clearly follow the instructions.
Document structure
The rules for the preparation of a recall to the arbitration court, sample, content, design rules are prescribed in article 131 of the APC, according to which, the document is formed according to the following structure:
- name of the judicial authority;
- details of the plaintiff and defendant;
- data of third parties, if they are involved in the process;
- the main part, with reference to the details of the court case;
- objections and evidence, with reference to regulations;
- list of documents that are attached and confirm the correctness of the position;
- date, signature and its decoding.
It is allowed to enter any information into the text of the objection, which will allow to resolve the dispute correctly. But such information should concern only the essence of the dispute.
Content
The main thing is that the response to the arbitration court from the defendant (a sample is offered for review in the photo below) should contain specific objections to the submitted claim. Ideally, every argument in a lawsuit should be criticized, but with concrete evidence of the illegality of the plaintiff’s arguments.
No other documents submitted to the court can replace the recall. This is the principle of adversarial process. That is, the plaintiff puts forward his claims, and the defendant refutes these arguments.
Rules for registration
Legislation allows the free execution of a review in an arbitration court (samples submitted on the Internet can be used, but it is better to consult a lawyer). However, it is recommended that you adhere to generally accepted rules for processing business documents.
Do not state your position on a large number of sheets, best of all 5 (no more). The font size is better to choose 12 or 14. Be sure to have paragraphs in the text, you can add lists, that is, the text should be simple and easy to read.
Do not forget that the documents submitted to the court should have references to regulatory acts. No need to be distracted by "lyrical" digressions, the text should be stated without emotions, only facts lined up in a logical chain.
Design Example
For clarity, you can see the sample review in the arbitration court:
In .... a court .... a region ...
Address…..
Plaintiff ... data, address ...
Defendant ... .data, address ...
Details of the case in court ... Name of the judge ....
Document's name
In the proceedings of the judge, name, patronymic ... of the arbitral tribunal .... there is a case, the plaintiff of which is ...., with a claim to the defendant ....
By advanced requirements, explaining the following. According to clause ... of the agreement .... date ...., LLC ... (defendant) ... transferred the full amount of money, which is confirmed by payment documents from the bank ... .. details of these documents ...
To date, the debt under the contract .... date ... to the plaintiff is missing.
Based on the foregoing,
Ask:
- Attach to the business ... details ... this review and its annexes.
- Requirements plaintiff to the defendant dismissed.
Applications ...
Date, signature and full name (position) of the signatory.
Another sample of recall to the arbitral tribunal
In ... ... a court .... A region ...
Data of the plaintiff and defendant
Details of the case in court ... Name of the judge ....
Document's name
Between LLC ... (hereinafter referred to as defendant) and LLC ... (hereinafter referred to as plaintiff), an agreement was concluded ....... from .... requisites ..., with the condition of installment payment. The total amount under the contract is ... .. rubles.
To date, the defendant has made all payments that are provided for by the payment schedule for the acquired property (schedule attached). In confirmation of payment, I am enclosing bank statements of the payment made.
... date ... the plaintiff filed a lawsuit against us, in which he demanded the return of property acquired by our company.
According to the requirements of Article 489 of the Civil Code, the seller has the right to demand the return of the goods if the buyer does not pay on time.
In this case, the LLC (defendant) does not agree with the requirements, since it makes payments on time and today, the sum of all payments exceeds half the cost of the goods and amounts to 70% of the full price of the property.
Based on the foregoing and, guided by Article 489 of the Civil Code, Article 131 of the APC,
Ask:
- Refuse the plaintiff to satisfy the requirements.
Appendices .... Signature ...
Third party participation in litigation
According to the requirements of Article 41 of the APC, the right to submit a response to a complaint to the arbitration court (the sample is given in the text) is not only the defendant, but also the third party who is involved in the process. A third party may exercise or waive this right, for refusal there are no penalties, as this is not an obligation.
In the recall, the third party must state its position, provide arguments and justifications (with reference to regulatory acts). If possible, provide the court with additional information that may affect the speedy and proper consideration of the case.
Sample third party recall to arbitration court
In general, there are no special differences in the preparation of documents on behalf of different parties to the trial. Sample text might look like this:
In ... .. court .... Region ...
Third party ...
Plaintiff ... data, address ...
Defendant ... .data, address ...
Details of the case in court ... Name of the judge ....
Third Party Recall
In ......... the court is considering case No. .... date .... The plaintiff in the case is .... the defendant .... The plaintiff filed a lawsuit against the defendant to recover from someone else's illegal possession of real estate, which is located at ....
On the basis of the decision .... Of the Arbitration Court ... .№ ... date ... as a third party was involved ... LLC .... which does not state independent claims.
LLC ... (third party) ... expresses its point of view on this dispute, namely ... ... (for example, in the process of alienation (privatization) of property, the third party did not participate and so on).
Based on the foregoing,
ask
- Consider a case without a third party ... ..
Appendices .... Date .... Signature
Appeal process
There are no fundamental differences in the arbitration and appeal process. The objection structure in this case also remains unchanged. Recall to the arbitration court of appeal (sample is provided below) can be submitted exclusively by the person who participated in the initial process.
The filing procedure is regulated by article 262 of the APC. As the provisions of this article state, the main thing is that documents that can refute the point of view of the complainant are attached to the recall. The recall itself and attachments should be sent to the parties, which must be confirmed in the recall itself, by attaching copies of documents about sending.
Terms, as in the arbitration process, for appeals on appeal at the level of legislation are not provided. Only the court has the right to establish it. He determines it taking into account the location of the parties to the dispute and the complexity of the case at hand.
Sample review of the arbitration court appeal
In drawing up objections to the process, one can rely on the following example:
In ............. court ....
(from) the defendant ....
The plaintiff ... ..
Feedback on appeal
On the decision ... ... of the court ....
From ... date ... in case No. ....
... date ... The Arbitration Court ... of the region made a decision on the recovery of debt under the agreement ... from .... in the amount of .... rubles and ..% for using other people's money in the amount of .... rubles.
The defendant ... LLC ... does not agree with the decision and considers that the decision is subject to cancellation, for reasons ... ..
On the basis of the above,
Ask:
- The decision ... of the court ... of the region ... dated .... date ... No. ... on the claim ... oh ... brief essence ... upheld and dismissed the plaintiff's appeal.
Applications ...
Date of compilation, signature and name (position) of the signatory.
In the end
Even if after reading the claims, it seems that for the defendant the case is lost, you do not need to give up. It is mandatory to make a review. To develop a defense strategy, in the absence of full-time lawyers, invite from the outside and try to avoid unnecessary financial costs.