During any trial in court, participants in the process are required to prove their arguments. This can be written evidence, videos or other material evidence. Such documents can be submitted together with the claim, and the defendant has the first opportunity at the time of filing a review. In the case of submitting evidence separately from the claim or recall, you will have to make a petition to the court to attach the documents.
Most often, the need to attach additional evidence arises if, at the time of the court hearing or filing a review or claim, all answers from state authorities were not received or the conclusion of an independent expert was not yet ready.
What may serve as evidence
In addition to documents, the parties to the dispute have the right to submit other evidence, which includes:
- confirmation video;
- audio recordings;
- Photo;
- independent expert reports;
- correspondence, including SMS;
- copies of pages from the Internet;
- printouts of telephone conversations.
Naturally, such a list is not exhaustive, and the parties to the trial, including a third party, have the right to submit any evidence that will allow faster and more accurate assessment of claims.
The form
The legislation does not provide for requirements regarding the compilation of an application exclusively in writing. Such a request may be submitted orally directly in the courtroom. In this case, the judge shall record the oral request in the minutes.
However, when submitting an oral application, there is a risk that the judge will not accept it. It will not be possible to appeal against his decision. Therefore, lawyers still recommend that you always follow the written form. Moreover, if the minutes of the meeting simply indicate that a request was made, but it is not stated what evidence they tried to attach, then generally it is impossible to prove anything.
Compilation rules
The legislation does not provide a template for applying for attachment of documents. However, in practice, certain rules have already been developed that must be observed.
Lawyers recommend the following structure:
- "Cap". This is the part of the document where the recipient of the request is indicated, the data of the plaintiff and defendant are registered.
- Name of the document and details of the court case.
- A list of attached documents with an explanation of why they can confirm or refute one or another fact set forth in a lawsuit or recall.
- Request for their inclusion in the case file.
- Date of signing, signature itself and its decoding.
Sample application for attaching documents
"In .... the details of the court ....
The data of the defendant and the plaintiff ....
Title of the document ... details of the case ... date ...
In the proceedings ... of the court ... pending before the judge ... there is a case on ... .. a brief summary is written ... of the dispute ...
In support of the circumstances ... .., I submit the following written evidence: ....... a listing with details and the date of drawing up ...
Guided by the foregoing and acting on the basis of an article ... .. of the code, I ask you to attach to the case file ... date ... written evidence ... a list of documents that need to be attached ... .. the applicant's signature ... date of preparation. "
The second design option is as follows.
"In ... court ... (title of document)
... date .... by ruling ... of the court ... of the region ... a statement of claim was drawn up without movement because of the failure to provide the original copy of the document on payment of state duty. What was the determination made .... date ... number ... due to violation of paragraph 3. of Art. 333.18 NK ...
Based on the foregoing and to eliminate the circumstances that allowed to leave the claim without motion, I ask you to attach the original copy of the receipt of payment of the state fee in the amount of ... rubles.
Applications ... signature ...
The third version of the application.
To court…
Application for attaching documents
In the proceedings ... of the court ... of the city ... there is a statement of claim .... the plaintiff ... the defendant ... of the recovery ... ..
Earlier, the defendant was not able to provide evidence to withdraw the claim, as the person responsible for signing the documents was on a business trip abroad. To date, this obstacle has been removed.
Based on the foregoing, please attach to the case invoices for receipt .... with signatures and seals by the plaintiff and defendant ..
Methods of transfer to court
The current legislation provides for three ways to file a motion to attach documents to a case. Lawyers recommend passing documents through the court, or rather through the office. The second copy of the petition will be marked with a receipt, that is, a guarantee that the documents will be delivered to the address and on time.
Documents can be sent via mail, issuing a letter by registered mail. But knowing how the mail works, there is no chance that the documents will reach the judge on the table before the proceedings end.
The third way to transfer the application for the attachment of documents to the materials and the evidence itself is directly in the courtroom. In the course of the debate, the judge always takes time to submit motions and statements. It is at this time that you can submit your petition along with evidence. This fact is recorded in the minutes of the meeting.
Copies or originals
Another important question: to submit originals or copies of documents that prove the applicant is right? In fact, there are no requirements regarding the filing of original documents, you can attach copies certified in the established manner to the application for attachment of documents. Indeed, the transfer of copies reduces the risk of losing them during the transfer or review process.
In the future, if a judge has doubts about the authenticity of documents, he may require the provision of originals.
However, in some cases, you still have to provide the originals without fail. For example, if a document is required for graphological examination.
Document return
A party that has filed a request for admission of documents in arbitration or in a civil proceeding and has submitted original documents has the right to count on their return. However, they can be returned only at the end of the trial and the final decision is made.
Only in extreme cases, this issue can be resolved differently and documents should be returned earlier if the party that submitted them substantiates their claim.