Decided to go to court, but do not know how to do it? The rules for filing a statement of claim are specified in the Civil Procedure Code, but not everyone can use them correctly. The choice of jurisdiction, a well-written statement of claim is the key to a successful resolution of the issue in a short time.
Jurisdiction rules in civil proceedings of the Russian Federation
The submission of an application and, most importantly, the correctness of such a submission sometimes decide the fate of the whole case. Basic information, definitions, deadlines for filing a civil claim are indicated in the Civil Procedure Code of the Russian Federation. Before going to file a civil claim, a person must accurately determine the jurisdiction of the case. As a rule, if this is a contractual relationship, then the jurisdiction is determined in one of the sections of the agreement, for example: "In case of non-resolution of disputes through negotiations, the place of dispute resolution is the Arbitration Court of the Novosibirsk Region" or "The parties have the right to send the disputed issue to the District Court of Omsk, provided compliance with the claim procedure. The term for consideration of the claim is five days"
If the agreement does not specify jurisdiction, or there is none at all, then the person must submit an application to the court at the location of the defendant, whether it is a dispute over family relations or with a legal entity. The importance of determining the correct jurisdiction lies in the fact that in case of filing a statement of claim not according to the rules, the statement will be left without movement, and this is an increase in the amount of time in solving the controversial issue that has arisen.
Filing a statement of claim with a magistrate's court
You need to apply with a statement of claim to the magistrate if the issue is resolved in the following cases: on the issuance of a court order, on divorce, if there is no dispute about children between the spouses; on the division between the spouses of jointly acquired property at a claim price not exceeding fifty thousand rubles; cases arising from family legal relations, with the exception of cases on contesting paternity (motherhood), on establishing paternity, on deprivation of parental rights, on restriction of parental rights, on adoption (adoption) of a child, other cases on disputes about children and cases on recognition of marriage invalid; on property disputes, with the exception of cases of 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.
Filing a statement of claim with a district court
The District Court has jurisdiction over civil cases, with the exception of cases within the jurisdiction of a magistrate.
After filing a statement of claim, the judge is obliged to consider the issue of accepting the statement for court proceedings within five days.
In this case, filing a statement of claim with a district court or a magistrate is considered as filing with a court of first instance.
When leaving the statement of claim without movement, the judge issues a ruling, which indicates a reasonable period within which the plaintiff must eliminate comments, for example, such as filing a non-competent court.
Having determined the correct jurisdiction, the plaintiff will greatly facilitate the further progress of the case. But, as a rule, it is better to determine the contractual jurisdiction and indicate in the agreement a court conveniently located for you.
