How To Amend The Statement Of Claim

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How To Amend The Statement Of Claim
How To Amend The Statement Of Claim
Video: How To Amend The Statement Of Claim
Video: How to amend legal pleadings by Attorney Steve® 2023, February

Sometimes, after the filing of a claim and its consideration in court, circumstances may open that can affect the outcome of the case. It is for such cases that the law provides for the possibility for the plaintiff to change his statement of claim.

How to amend the statement of claim
How to amend the statement of claim


Step 1

The Civil Code of the Russian Federation clearly indicates that the plaintiff has the right to amend the basis or subject of the claim, as well as increase or decrease the size of his claims, or completely abandon them. The defendant, in turn, has the right to recognize the claim in full. It also provides an opportunity for both parties to end the trial by concluding a settlement agreement. The plaintiff can amend the statement of claim at any time after the filing of the claim, up to the decision of the case by the court of first instance. The number of changes introduced by the law is not limited.

Step 2

The plaintiff can make changes to the statement of claim in two ways - in writing, by drawing up and submitting to the court a corresponding written statement, or orally, by verbally declaring his intentions during the court session with fixing the changes made in the minutes. An oral statement, as a rule, is the basis for the end of the current court session, and postponing it to another date. This time is needed for the defendant to correct his position. Submitting a written application saves a lot of time, because by the time the court hearing is held, the defendant will receive a copy of it and will be aware of the changes made. In any case, the choice of the method of making changes to the statement of claim is up to you, it all depends on whether you want to speed up the lawsuit, or stall for time.

Step 3

A written statement on amendments to the statement of claim must be filed with the court at the place of consideration of the original claim. In the text, briefly indicate the details of the original claim, then list the changes you made in order. Then make a request to the court to make the listed changes. Remember that any changes must be based on evidence, otherwise the court will not satisfy them. Please attach any evidence you have with your application (if any).

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