Persons participating in court proceedings, to protect their interests in different ways, such as by the application. This allows both the Civil and Arbitration Code. This causes submission of the application can be very different: disqualification transfer or deposition of the hearing, bring to trial additional expertise (eg, experts), the restoration of missed deadlines and so on. As for the most common causes for submission of applications, they relate to the case of initiation of any documents or questioning of witnesses. How to write a petition to the court? And can the petition be oral? We understand the issues.
What is the application?
You should start with the definition of the application, which is nothing more than a request to the court, which is associated with a specific court case. In fact, the petition - the official form of communication with the court when the request shall be in writing. However, a petition on the examination of witnesses or filing of certain documents may be in the form o
Review of application usually occurs immediately at the time of its submission. An exception may be difficult to do when their volume is several volumes or when the application itself consists of several pages , and to make a decision on it justice takes time.
The court may grant the application in whole or in part, or deny . In the latter case, the application can be appealed and re- announce the next meeting or the stage of the judicial process. This is not a hopeless undertaking, because it is possible that due to changes in circumstances (which may change during its consideration ) , repeated the request can be satisfied .
It is worth remembering that the application can be submitted to the court at any stage of the judicial process , and deadline - six months. However, if one of the parties to proceedings had not received a copy of the court decision indicating the time and place of the court session , the petition may be filed after the expiration of six months .
An application or petition?
In addition , you can petition the court to appeal and petition . But this document is a collective request when a few people claim petition . The petition is submitted in writing and reviewed by the court under the same rules that the petition.
Who has the right to file a petition?
Claim petition may any participant of the trial : the suspect ( or his legal representative ) , the accused , the victim , the defender , the civil defendant , civil claimant ( or their legal representatives ) , the public prosecutor or the defense counsel, the prosecutor .
Features of the application
Experts recommend to write a petition to the court in advance. Of course, an experienced attorney can do it in the courtroom, making the hand of the desired document. But the fact is that during the process should not be distracted to write an application and it can be done only in exceptional cases. Besides ignorant person simply can not cope with the task of drawing up the petition in the atmosphere of the trial. Even lawyers prefer to work for a long time to come to the meeting with a ready instrument in which it should be clearly stated and preferably with references to the rule of law. Sensibly compiled application, which contain references to legislation are almost always satisfied by the court.
In those cases , when considered complex or highly specialized issues may require the help of experts , which the judge may simply not know. In this case, in detail and clearly compiled petition with concrete actions that are necessary to establish the truth , will be a good help for the proceedings.
No need to write longer texts , the judge could hardly read to the end . It is better to write without too much "water" is clearly the case, clearly and convincingly . If the application you are referring to any documents (eg , certificate of examination or inspection , a copy of medical certificate or medical certificate - is attached to the request for postponement or adjournment of the meeting ) , they should attach to it .
Well, of course, the document must be written correctly, without spelling and punctuation errors.
We make an application according to the rules.
To date, the law does not provide a particular form of the application. The main condition - a clear and comprehensible presentation of the request to the court , the applicant's signature and date. But, according to the generally accepted rules of the petition must contain the same details as the claim . Consequently, the application must be correct :
- " Hat " (it is written in the upper right corner) , where you need to specify which court and what city sent the document , as well as data for those involved in (name, address, telephone number of the defendant and the plaintiff ) , and, of course , case number, by which to submit petitions ;
- name of the document "Application" is written on the page, under the "cap";
- request to the court (the petition itself) with justifications and references to legislation (if multiple requests, they are issued a list);
- signature of the applicant with details;
- application (the documents that are referenced in the application).
How can I apply for?
It is best to file a petition in court . In this case, the solution thereon is likely to be taken immediately . But you can send a document by mail ( if the applicant is unable to attend a court hearing ) . This must be done a week before the hearing , recovering valuable custom or a letter of notification.
Duty: pay or not to pay?
If you decided to write a petition to the court , you will not have to pay legal costs , as it is then not possible. But this rule there are exceptions : if the supplied application for re- issuance of copies of judicial decisions or duplicate any executive documents , as well as for interim relief ( arbitration matters ), it will have to pay .
Filed a petition, we must remember that the main thing in this document - the clarity and accuracy of the questions, as well as the validity of the request.