In accordance with the Arbitration Procedure Code of the Russian Federation, the defendant needs to write a response to the statement of claim. It is written in any form, but there are a number of mandatory details that are taken into account when drawing up a document. The response is sent to the arbitration court and to all persons who participate in the case under consideration. Therefore, the number of copies of a document depends on their number.
Necessary
- - statement of claim;
- - the case under consideration (number, essence);
- - requisites of the plaintiff;
- - details of the defendant;
- - address and name of the arbitration court.
Instructions
Step 1
In the "header" of the review, write the full name of the arbitration court, where the review is being prepared. Include the address of the location of the court, including postcode. Enter the name of the plaintiff (legal entity or individual). Indicate the personal data of the person, the address of his permanent residence, if the statement of claim is made on behalf of an individual. Write the name of the company, the address of its place of registration, if the plaintiff is an organization.
Step 2
Next, write the name of the document in the middle. Then indicate the number of the pending case assigned by the court of first instance. A response is being prepared for the statement of claim, so write this fact.
Step 3
In the substantive part of the review, write the reasons or part of the reasons on which you disagree with the requirements set out in the statement of claim. Objections are written on the basis of legislative acts, documentary evidence. Therefore, refer to the articles of the Civil Code on the preparation of a response to the plaintiff's statement.
Step 4
Then write your position, personal information and personal signature. Then write a list of documents that constitute evidence of the merits of the revocation. Please note that you will need to forward the review to the plaintiff. Therefore, write the number, date of the postal receipt, according to which you send the package of documents to the person who made the application.
Step 5
Seal the testimonial and the evidence attached to it in letters. Make as many copies of the documentation package as there are persons involved in the case, plus one copy to the arbitration court. Send letters with a list of attachments to addressees. Do not forget to indicate that the postman will need to draw up a notice of service to the persons involved in the case.
Step 6
Make a response to the statement of claim without fail. Provide timelines so that they allow the plaintiff, witnesses, and the arbitral tribunal to review the document. If you don't write a review, you may be charged legal fees later.
