Russian procedural legislation provides for the right of persons participating in the case to apply to the court with petitions. A petition is a petition from an applicant to a court.
Instructions
Step 1
The need for filing a petition can be very different: you have a child sick, you cannot appear at the hearing and want to be postponed or held without your participation; you are refused to provide any document necessary for the consideration of the case, and you ask the court to demand it; you do not trust the composition of the court and ask to withdraw the judge from hearing the case, etc. As a general rule, the application is submitted in writing. However, if you are present at the hearing, you can declare it orally, and your petition will be recorded in the minutes of the court hearing.
The court is obliged to consider your application, but it is not obliged to grant it. Therefore, any application must be well motivated. It should indicate the reasons why you are asking the court to take this or that action. The application may be accompanied by documents confirming your position. For example, if you are requesting a postponement of the hearing due to your illness, you must attach a copy of the sick leave or certificate of your hospital stay to the application.
Step 2
There are no strict requirements for the processing of most applications. When writing a petition, it is advisable to adhere to the same rules as when writing a statement of claim: indicate the name and addresses of the persons participating in the case, the name of the judge, the number of the case in which the petition is filed. The following is the request itself and the circumstances justifying it. The petition must be signed by the applicant.
Step 3
For some petitions (for securing a claim, for challenging a judge, for issuing a duplicate of a writ of execution, etc.), the law makes special requirements. They can be clarified in the relevant codes of procedure.
Usually, the application of petitions is not subject to a state fee, however, the tax code provides for the following exemptions from this rule:
- when filing an application for securing a claim (in cases considered in an arbitration court) - 2,000 rubles;
- when submitting a request for the re-issue of copies of judicial acts, minutes of court hearings, copies of other documents from the case issued by the court, as well as when submitting an application for the issuance of duplicates of executive documents - 4 rubles per page of the document, but not less than 40 rubles.
