Before the start of the trial and during the trial, the defense and prosecution parties draw up requests to summon witnesses. Such a document has a special form. It prescribes the circumstances of the case under consideration, which are under the jurisdiction of the persons declared in the petition.
It is necessary
- - The Civil Procedure Code of the Russian Federation;
- - personal data and address of the place of residence of the plaintiff and the defendant;
- - details of witnesses;
- - details of the court in which the case is being considered;
- - information about the case under consideration (number, content).
In the “header” of the petition, write the full name of the judicial authority in which the case is being considered. Write the personal data of the plaintiff (the person who filed a lawsuit against another person or group of people), the address of his permanent residence in accordance with the information in the passport. Indicate the last name, first name, patronymic of the defendant (a person who is accused of any illegal act), the full address of his registration.
Enter the civil case number assigned by the pre-trial instance. In the middle, write the name of the document that corresponds to the motion to summon witnesses to court.
In the content of the application, write down the case number. Briefly write the content of the claim. Next, write in that you provide the court with information that is the basis for the claims or objections and consider it necessary to call the following witnesses. Then enter the personal data of each individual who has specific information relevant to the case under consideration.
Write down the facts and circumstances that the indicated witnesses can confirm. Referring to Articles 35, 55 and 69 of the Civil Procedure Code of the Russian Federation, ask the court to summon individuals to the hearing.
Write down the personal information of each witness who has the specific facts and circumstances of the case under consideration. Enter the addresses of their residence. Indicate the number of witnesses whose attendance you wish to ensure.
Depending on which of the parties is writing the petition, underline the necessary of the proposed words: plaintiff, defendant. Write the personal data of the person who wants to bring witnesses to court. The petition is signed by the plaintiff or the defendant.
The application is sent by mail. In this case, seal the certified letter with the attachment description. This is done so that you have proof of service. The petition is forwarded directly to the judicial authority. In this case, make it up in duplicate, one of which remains in court, the second remains in your hands. As a confirmation, it is stamped with the date and signature of the person who accepted it.