Each participant in the trial has his rights and obligations. The plaintiff has the right to ask the court to restore the missed period, to request additional evidence. The defendant may file an objection to the claim or admit it.
What it is?
Article 39 of the Code of Civil Procedure stipulates that an application for recognition of a claim by a defendant (a sample is provided below) may be:
The defendant has the right to agree to the requirements at any stage of the consideration of the claim. If a person fully agrees with the requirements, then establish the circumstances of the case, there is no point. If the defendant recognizes the claims only in some part, then in relation to other claims, the case may be considered further or a ceasefire agreement may be signed between the parties.
If the statement on the recognition of the claim by the defendant (a sample is given below) is given with obvious violations of the norms provided for by procedural law, the judge will not accept it. The main condition is to give consent on a voluntary basis. When submitting such an application, the defendant is obliged to be warned of responsibility. In turn, the latter is obliged to list in the document all the claims of the plaintiff with which he agrees.
General requirements
The text of the statement indicates that the defendant understands the provisions of the Civil Procedure Code on recognition of the claim by the defendant. In other words, he understands the consequences of such an action. Indeed, in the future, the dispute will be considered as a resolved issue, and the matter will not be considered. The defendant in fact will have to satisfy all the requirements that the plaintiff put forward.
In the event that the defendant partially admits the claims, then in relation to other claims the case may be further considered or an amicable agreement between the parties to the dispute may be concluded.
The application must be in writing. If it is submitted by the legal representative, the right to such an action must be agreed separately in the power of attorney.
Sample application for recognition of the claim by the defendant
The standardized form for such a document is not provided by applicable law. It is written in compliance with the rules provided for procedural documents, and looks as follows:
- The recipient of the application, that is, the judge, is indicated in the heading of the document. The data of the responder are registered.
- The name of the document and the details of the case are written.
- The main part indicates information regarding the content of the dispute, data of the plaintiff.
- The reasons why the defendant decided to recognize the requirements are given.
- The volume of requirements that the defendant is ready to satisfy is indicated.
At the very end of the textual part of the statement on the recognition of the claim by the defendant (a sample can be seen below), a reference is made to the fact that the defendant is aware and understood the consequences of the action to accept the claim. At the very end, a signature and its decoding are put down, the date of the preparation of the document. If the claim has material requirements, the defendant must indicate in his application that he agrees with this amount and undertakes to pay it.
It is assumed that the defendant verbally expresses his consent, which is recorded in the minutes of the meeting by the judge, and the applicant puts a signature on the protocol.
Application Review
The court does not have the right to refuse to accept the application if there are no signs of compulsion to draw up such a document. It does not violate the rights of other participants in the process. As soon as the judge accepts the application, he immediately makes a decision on the satisfaction of the claims.
In order to make it clear to the judge that the application is voluntary, he interviews the applicant. He finds out the reasons for such an action, under what conditions such a decision was made and whether there are any circumstances that compelled him to commit such an act. Without fail, the judge will find out if the defendant has any illnesses, how much he understands the meaning of his actions, how clear the consequences are for him.
The defendant's right to a claim is irrevocable. Simply put, if a court accepts him, then the person has no right to recall him. Moreover, the defendant does not lose the right to appeal the court decision. However, he will have to substantiate on appeal the reasons that became the reason for the recognition of the claims.
If the defendant does not appear in court and / or does not file an objection to the claim, then this is not an occasion to satisfy the plaintiff's claims, since the silence of the other party cannot be regarded as a confession. In addition, in accordance with the provisions of Article 173 Code of Civil Procedure of the Russian Federation, the judge must make sure that the defendant understands the consequences of accepting claims, which, if the latter does not appear, is impossible.