How To Clarify A Statement Of Claim

Table of contents:

How To Clarify A Statement Of Claim
How To Clarify A Statement Of Claim

Video: How To Clarify A Statement Of Claim

Video: Statement of Claim in a Civil Action in Ontario: Basics for Beginners 2022, December
Anonim

During the court session, facts that can radically change the course of the proceedings are often revealed, which is why the legislator has provided the parties with the inalienable right to directly respond to changes in the process. Thus, the plaintiff has the opportunity to clarify the essence of the claim at almost any stage of the consideration of the case.

How to clarify a statement of claim
How to clarify a statement of claim

Instructions

Step 1

You can clarify the claim according to the same model that you used to draw up your claim. Submit clarifications at any stage of the trial. Filing a clarification of your claim may be considered by the court as a reason to postpone the hearing to give the defendant time to prepare for the hearing, taking into account the changes. The plaintiff is given the right to make an additional claim that was not previously filed when the claim was filed.

Step 2

As a plaintiff, you have the right to increase or decrease the amount of the claim. To do this, submit an application to the court where your case is being considered. Indicate the number of the case that is already in the process of litigation. Against the line “Plaintiff put your name, surname, patronymic. Write your location. If you are an individual, the date and place of your birth is required. For legal entities, you need to put down the date and place of state registration. State the name of the defendant in the statement of claim, his place of residence or location.

Step 3

In a statement on clarification of the claim, justify the reasons that require clarification of the claim. Next, indicate on the basis of which article you are submitting them. If you plan to make two or more clarifications, then number them on separate lines. At the end of your application, please include the date it was submitted and your signature.

Step 4

Part 1 of Article 130 of the Arbitration Procedure Code of the Russian Federation allows you to combine in one statement requirements that are interrelated on the grounds of occurrence, while evidence is presented to them. If the specified requirements are connected unreasonably, the court will return the statement of claim in accordance with paragraph 2 of part 1 of Article 129.

Step 5

Interrelated claims can be represented by a sequential chain: to collect an unpaid loan, interest on the use of the loan and forfeit; invalidate the act and the return of the amount paid on the basis of this act; recover the cost of the shortage received under the specified transport documents and registered with one act of acceptance or accepted for payment under one settlement document.

Step 6

Thus, you can, in the statement of claim, demanding to recover the amount of the principal debt, clarify the requirement to recover the forfeit. Also, supplementing the claim for recognizing the transaction as invalid, demand the application of the consequences of its invalidity.

Popular by topic