How To Write A Statement Of Claim

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How To Write A Statement Of Claim
How To Write A Statement Of Claim

Video: How To Write A Statement Of Claim

Video: Statement of Claim in a Civil Action in Ontario: Basics for Beginners 2022, December
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Even if you are confident that the court should rule in your favor, it is best to hire lawyers to participate in the case. It is not necessary to go to an expensive law firm, let it be at least an undergraduate familiar with the basics of legal proceedings. But if this is not possible, you can try to protect your rights yourself. It is worth starting with a competent drawing up of a statement of claim.

How to write a statement of claim
How to write a statement of claim

Instructions

Step 1

First of all, you need to decide on the jurisdiction of your case. For example, a magistrate will accept for consideration cases arising from family law relations, cases on property disputes, with the exception of cases on inheritance of property and cases arising from relations on the creation and use of the results of intellectual activity, with a claim price not exceeding fifty thousand rubles and some others. To correctly determine jurisdiction, you need to carefully read Chapter 3 of the Code of Civil Procedure, Chapter 4 of the Arbitration Procedure Code or Articles 31-35 of the Code of Criminal Procedure, depending on your case.

Step 2

Let us consider, as an example, filing a claim with a magistrate in a civil case. According to the current civil procedure legislation (Article 131 of the Civil Procedure Code), the statement of claim is submitted to the court in writing. The statement must contain:

1) the name of the court to which the application is submitted;

2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by the representative;

3) the name of the respondent, his place of residence or, if the respondent is an organization, its location;

4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claims;

5) the circumstances on which the plaintiff bases his claims, and the evidence confirming these circumstances;

6) the price of the claim, if it is subject to assessment, as well as the calculation of the recovered or disputed sums of money;

7) information on the observance of the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by an agreement of the parties;

8) a list of documents attached to the application.

The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, defendant, other information relevant for the consideration and resolution of the case, as well as the plaintiff's petitions.

Step 3

Technically, the statement of claim should look like this: on the right, first the name of the court to which the claim is sent, and the surname of the judge are indicated, then, also on the right, the data of the plaintiff (surname, name and patronymic, address) are indicated, below are the data of the defendant (as well as the plaintiff's data). Below, in the middle of the sheet, the heading is written - "Statement of Claim", then it is indicated what it is about (about the collection of a sum of money, for example). This is followed by the text of the statement of claim, in which the plaintiff describes the violation of his rights and substantiates his claims. It is always necessary to indicate which legal norm (article, for example) the plaintiff was guided by when putting forward his claims. At the end there is a list of attachments - documents that are relevant to the case. They are submitted together with the statement of claim.

Step 4

According to the current civil procedure legislation (Article 132 of the Civil Procedure Code), the following documents must be attached to the statement of claim:

copies of it (the number depends on the number of defendants and third parties - a copy for each);

a document confirming the payment of the state fee (receipt);

a power of attorney or other document certifying the authority of the plaintiff's representative, if any;

documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies.

Also, in some cases, other documents may be required.

Step 5

The statement of claim can be submitted to the court office on your own. It is important to make a copy of the statement so that the office employee signs and stamp on it. Such a copy will be proof that you filed this statement of claim on a specific date with a specific person.

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