As a rule, familiarization with the materials is necessary to develop your position on the case, when you need to refute the arguments of the opposing party, view the written evidence to which it refers.
Instructions
Step 1
The persons participating in this case have the right to familiarize themselves with the materials of the court case: the parties to the dispute (plaintiffs, defendants), third parties, the prosecutor, applicants in special proceedings and in cases arising from public legal relations, etc. You can exercise the right to acquaintance at any time before the court is removed to the deliberation room to make a decision on the case. Sometimes judges deliberately announce a break in the court session in order to give an opportunity to familiarize themselves with the case.
Step 2
To get this opportunity, submit a petition of the same name. There are no clear requirements for its form and content, so it is quite simple to draw up it. In the upper right corner, indicate the name of the court, the name of the judge, the number of the case, the names of the parties. Next, write the name of the document - "Application for familiarization with the case material." Below, in the text of the petition, indicate: “guided by Art. 35 of the Code of Civil Procedure of the Russian Federation (or Article 41 of the Arbitration Procedure Code of the Russian Federation), I ask the court to allow me to familiarize myself with the case materials”. Sign and date even lower.
Step 3
Submit the petition to the court office (leave a copy with a note of acceptance) or to the assistant judge. The document can also be sent by mail, but it will take more time. Most likely, they will immediately prompt you when you can come up for review, or they will ask you to leave your phone number and contact you. As a rule, the materials of the court case are reviewed in between sessions.
Step 4
Familiarization takes place in the presence of the court clerk or assistant judge. You can make extracts, make copies of any materials in the case. In this case, you will have to use the court technique, you will not be allowed to take the materials outside the building.
Step 5
The time for familiarization with the materials of the case in court is clearly not limited, but it will have to be interrupted if, for example, the working day of the judicial authority is over. In some courts, special days of the week or hours during working hours are set aside for familiarizing the participants in the proceedings with the case materials.
