In sub. 2 p. 2 Article 149 Code of Civil Procedure established the right to send a review (objection) to the statement of claim. This is allowed at the preparatory stage of the process. This right belongs to the defendant or his representative, as well as third parties interested in the case.
general characteristics
The response of the defendant to the statement of claim must be clearly formulated and reflect very clearly the position of the party. It can be negative and disagree with the demands made on it. Also, reviews of claims are neutral. However, as a rule, a paper is submitted in which information is shown proving the innocence of the citizen in the situation or the fact that he is not related to the process at all.
Substantive content
The response to the statement of claim, a sample of which is presented in the article, may challenge the requirements. In this case, they talk about its substantive content. The party in the case relies on the relevant legislation. Such feedback on claims must be supported by a good evidence base. Based on it, the court may decide on the groundlessness of the claims.
Procedural content
Feedback on statements of claim may be intended to convince the court of the illegality of the grounds for the proceedings. In this case, the stated requirements are not refuted. The disagreeing party provides evidence against the organization of the trial itself . Thus, the disagreeing party submits a procedural response to the statement of claim. Example: violation of jurisdiction and jurisdiction, expiration of limitation period and so on. An indication of a decision taken earlier on an identical request may also serve as a basis.
Feedback on the claim: sample
The structure of the document is similar to other applications and appeals. Feedback on claims contains:
- Introductory part. It indicates the mandatory details (name of the court, full name, addresses and contacts of the parties).
- Description. It starts with the title of the document. For example, it may be “Recall of a statement of claim for the restoration of a missed procedural time limit in a case ...”. In the narrative, the author first of all sets out the essence of the requirements that are presented to him. He then gives explanations on them, points to the factual circumstances of the case. Here the applicant brings his arguments, which should be supported by documents (they will be attached to the objection).
- Final part. In this section, the author summarizes what has been written, gives references to the rules of law that are guided by, and formulates, in fact, a request to the court.
It is mandatory to indicate the need to attach the recall to the materials of the trial. In addition, you should list all the documents that are attached to this paper. At the end, put the number and signature with the decryption.
Nuances
When drawing up a review, it is necessary to be guided by the rules of procedural legislation, in particular, Art. 131 GIC. In addition, you should pay attention to the following points:
- The narrative only reflects circumstances that directly relate to the case under consideration.
- The request should be stated in an official, restrained business language. You should not speak out emotionally. In the intercession part, in fact, there should be a dry statement of circumstances and conclusions.
- It is advisable to include in the text links to regulatory documents that are relevant to the circumstances and arguments of the author. In particular, it is possible to indicate articles of the Civil Procedure Code, constitutional provisions, clauses of decrees, etc. It is advisable to specifically indicate which particular legal norms are violated by the stated requirements.
It should be said that the recall does not always contain the disagreement of the defendant with the claim. Often the information that is present in it can significantly facilitate the consideration of the case.
Referral to court
There are no direct restrictions on the procedure or method of submitting a recall in the legislation. The document should be sent to the court that is conducting the consideration of the case. Third parties and the defendant may submit a review as part of the preparatory stage directly to the office or send it by registered mail. If a postal item will be selected, then this should be done in advance, in order to avoid delaying the process. All participants in the proceedings and the judicial authority can review the recall.
Appeal to arbitration
In this case, submitting feedback has a number of features. The procedure for sending a document is regulated in the agro-industrial complex. In proceedings before an arbitral tribunal, the provision of a recall shall be the duty of the defendant. In the content he needs to state his attitude to all the requirements that are presented to him, to give explanations for each argument. A response to arbitration can be made using a special form. On the official website of the court, the document together with the applications can be submitted in electronic form. This saves time and greatly simplifies the review procedure. Feedback can be sent to the judicial authority and to all participants in the process by registered letter. Mandate should be carried out in such a way as to enable the parties to study the document. The content of the paper is similar to that discussed above.
Application for withdrawal of a statement of claim
This right is granted to the party making the claim. In fact, it involves the rejection of them. The application for withdrawal of the statement of claim may be oral. It is expressed in the meeting room during the hearing. At the same time, the secretary makes a corresponding note in the protocol, in which the plaintiff subsequently signs. Most lawyers, however, recommend applying in writing. The legislation does not have strictly regulated rules for writing it. Nevertheless, you should adhere to a business style.
The essence of the appeal
As in previous cases, the application begins with the indication of the required details (name of the court, information about the participants in the process). The content should indicate the basis on which the claims were made, the date they were sent to the court. The following are explanations of the reasons for the rejection of the claim. The grounds, for example, may be a peaceful resolution of the conflict, as a result of which the existing claims simply disappeared. Accordingly, there is no need to conduct proceedings in court. When formulating a refusal, laconic arguments must be given. It is also advisable to refer to specific rules of law and other legislative documents. If the withdrawal of claims takes place in accordance with clause 6 of Article 135 of the Code of Civil Procedure, repeated filing of a claim on the same subject is allowed subsequently. In other cases, the refusal entails the impossibility of presenting the same claims in the future.
Conclusion
You should be aware that a claim can only be revoked if it has not yet been accepted by the court for consideration and a hearing has not yet been scheduled. If this is already done during the proceedings, then it is impossible to re-submit the claims. All details about the order and consequences of such actions should be clarified in advance.