The correct definition of jurisdiction is of great procedural importance. If a violation of the rules of jurisdiction is revealed at the stage of accepting the claim, the judge makes a ruling on the return of the statement of claim, together with which he returns all the attached documents. If the jurisdiction is violated and the case is accepted for proceedings, the judge has no right to return the claim. In this case, he transfers it to another court. Disputes between courts on jurisdiction are not permitted by law. To determine the jurisdiction, the subject of the dispute, the location of the parties and the performance of the contract matter.
Instructions
Step 1
General rules of jurisdiction: filing a claim at the place of residence or location of the defendant. Information about the address can be obtained from the contract, correspondence, copies of identity documents, extracts from the register of legal entities. If a citizen has left his previous place of residence, and the new one is unknown, it is allowed to file a claim at the last known address of the citizen or at the location of his property. True, in this case, the question of the execution of the court decision and the search for the debtor will very soon arise. If the claim is related to the activities of a branch of a legal entity, the plaintiff has the right to go to court at the location of the branch (such situations often arise with large organizations with a wide network of representative offices).
Step 2
Contractual jurisdiction: if the parties have provided for the consideration of the dispute in a specific court (for example, the Leningradsky District Court of Kaliningrad), a claim should only be filed in this court.
Step 3
Exclusive jurisdiction:
- cases on disputes related to real estate are considered only at the location of the real estate.
- Claims related to transportation are considered at the location of the carrier.
- Claims of creditors against the testator - at the place of opening of the inheritance.
Step 4
Jurisdiction at the choice of the plaintiff: the plaintiff has the right to apply to the court at his place of residence in case of recovery of alimony; on claims for divorce, if a minor lives with the plaintiff; on claims for compensation for harm caused to health; on claims arising from the Law "On Protection of Consumer Rights".
