The procedure for filing a claim. Samples of statements of claim in the arbitration court

The statement of claim both in the arbitration and in the civil process is of great procedural importance in the protection of the violated right and challenging anything. The claim must be drawn up in compliance with certain requirements. Their absence gives grounds for refusing to accept it, depriving it of legal force. We will talk about the procedure for presenting claims and suits today.

Form of statement of claim in arbitration proceedings

Samples of statements of claim in the arbitration court can always be found in free access, but the rules for drafting them should still be known:

• A claim is drawn up in writing;
• The document must be signed by the plaintiff or his legal representative;
• Availability of information on the court to which the application is submitted;
• Full requisites of the plaintiff and the defendant, including phone numbers;
• The claim must contain the requirements, the legal grounds on which the entire application is based;
• The evidence base underlying the plaintiff's claims;
• Calculations on the recovered amount or the one that is subject to challenge;
• The price of the claim to be assessed;
• An indication of whether a pre-trial dispute settlement procedure was carried out, if such a measure is required to a specific type of claim;
• Other measures that were taken by the plaintiff to settle the dispute.

The procedure for filing a claim presupposes the plaintiff's right to additional motions in the statement of claim. He may ask the court to obtain additional evidence from the defendant.

Not the last place in the application is occupied also by applications, that is documentary confirmation of the claimant's claims. In the appendices to the statement of claim there must be documents proving the violation of the rights of the plaintiff, notification of the sending of certain requests and claims to third parties, the respondent, confirmation of payment. If the claimant has the right to benefits when paying the fee for filing a statement of claim, then it will also be necessary to attach appropriate confirmation. To the suit from the legal entity it is necessary to attach copies of documents confirming the state registration. The submission of an application by an authorized person implies confirmation of the authority of such an application. This may be a power of attorney or the minutes of a meeting of shareholders.

An example of a statement of claim in an arbitration court

It should be understood that the sample application is just a general rule of compilation. Much depends on the accuracy of the data presented. In fact, a lawsuit is an outward expression of the right to defend one's rights.

Consequences that may arise if the procedure for presenting an application is not respected

The procedure for filing a claim is strict adherence to formalities, therefore, before taking a case to the proceedings, the judge conducts a series of events:

• Verifies the claim for compliance with the requirements of legislation on content and form;
• Establishes the fact that all necessary documents are available for the consideration of the claim;
• Checks whether there are enough legally significant facts to be able to start the proceedings on the statement of claim.

In the event that deficiencies in the preparation of the claim are identified and / or not all the required documents are attached, the judge has the right:

• Leave motionless;
• Return the statement of claim.

Leaving a claim without motion

Leaving a claim without motion implies a determination. The document reflects the following information:

• Motivated reasons for such a decision;
• The period in which the plaintiff must meet to eliminate all circumstances preventing the opening of the process.

Timing

The determination is sent to the plaintiff immediately the next day after it is delivered. Legislation clearly does not prescribe what terms a court can establish, but according to general rules it is considered that such a term should be reasonable. That is, during this time the plaintiff can really collect all the necessary documents. If the plaintiff eliminated all the deficiencies, the court resumed consideration of the claim, and the date of filing the suit is the first date of submission of the application to the court.

The procedure for filing a claim also provides for cases where the plaintiff does not comply with the deadline specified in the court decision, in which case the application is sent back to the applicant, including all attachments.

Return of the statement of claim

Return of the claim can be in the event that leaving a statement without motion does not make sense, since the plaintiff can not produce the documents that are necessary for opening and reviewing the case. In this case, the plaintiff will have the right to re-appeal to the arbitration court after removing the obstacles that arose on the filing date of the application for the first time.

The court may return the application in the following cases:

• It is not incompatible with the court in which the claim is filed;
• Until the commencement of the proceedings, the plaintiff filed an application for the return of the application;
• If the obstacles that prevented the opening of production are not eliminated;
• The rejected petition for reduction of the size or a delay on payment of the state fee.

In this case, the procedure for presenting an action provides for the issuance of an appropriate ruling by the judge with the following information:

• Prescribes the circumstances that prevented the adoption of the claim in production;
• Determines the procedure for the return of state duty from the budget.

The determination must be sent to the plaintiff on the day after the removal. This decision can be appealed by the plaintiff.

Prerequisites for the right to claim

The procedure for presenting a claim in a civil proceeding, as in arbitration proceedings, presupposes the exercise of its procedural right to judicial protection. Common preconditions for bringing to court:

• Full legal capacity of the plaintiff;
• jurisdiction;
• Jurisdiction of the case.

There should be no legal proceedings in other courts, including arbitration, between the same parties and with the same subject matter of the CCP or AIC cases that have already been examined, are under consideration, ended in production or an amicable settlement is concluded. To appeal to the arbitration court it is possible on the same dispute and with the same parties of the process, if the arbitrator refused to issue the writ of execution.

Special prerequisites

The special precondition for the right to file a claim is the mandatory observance of pre-trial settlement of the dispute, if it is expressly provided for by law. An unacknowledged claim to the defendant does not entail the absence of the right to file a claim. This only makes it possible in the case of abandoning it without motion to eliminate this circumstance by presenting a claim to the respondent. After that, the plaintiff can again apply to the arbitration court.

The current legislation provides for a special relationship in the case of cargo transportation by any means of transport. If the goods are not received, or received not within the terms specified by the contract, or damaged, the consignee must adhere to the procedure for filing a claim, and the claim is submitted to the court only after the pre-trial settlement of the dispute. Otherwise, he will not be accepted for production, and the plaintiff will be given time to make a claim to the defendant.

Differences between civil and arbitration processes

Any court is on guard to protect the rights of citizens and legal entities. Depending on the subjective composition and type of disputed relationship with different disputes, it is necessary to apply to different courts. The arbitration process considers disputes that relate to economic and entrepreneurial activities. The civil process is a matter of labor, family, housing issues, that is, general jurisdiction.

The procedure for filing a claim in a civil proceeding is somewhat different from the filing of such an application with an arbitration court. In addition, in arbitration proceedings, the plaintiff must prove the defendant's fault. In the civil process, on the contrary, the defendant must prove that he is innocent and did not violate the rights of the plaintiff. The procedure for proving in courts is also different. A judge in a civil proceeding examines all evidence, including verbal confirmation of witnesses. The arbitration process is actually a "paper" process, where one can prove one's rightness only by providing relevant documents.

In the civil process it is easy to file a counterclaim. The procedure for presenting a counterclaim in the arbitration process is quite a difficult task, almost impossible. It should be noted that the AIC provides for a very short period of time for a counterclaim, so in most cases it is submitted at a preliminary hearing. In the civil process, there is no such thing, so counterclaims are filed almost at every court session.

Summary

Summarizing the foregoing, it should be noted that for the submission of an application, only the samples of claims to the arbitration court downloaded on the Internet will not suffice. Here you need to thoroughly approach this issue. The rules for presenting an action in the established order are the basis for obtaining a positive decision in a dispute. Arbitration is one of the most complex litigations, therefore the applicant's chances are always higher if he addresses a specialist with deep knowledge in the field of economic disputes.