After filing a statement of claim and its subsequent consideration in court, new facts may be revealed that may affect the course and results of the trial. For such cases, the law provides for the possibility for the plaintiff to amend his statement of claim.
Instructions
Step 1
The Civil Code of the Russian Federation clearly states the rule - "the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to recognize the claim, the parties can end the case by amicable agreement." According to the above, the plaintiff can change either the basis or the subject of the claim. It is possible to amend the statement of claim at any time after the filing of the statement of claim before the decision is made on the case. The number of adjustments made by the law is not limited.
Step 2
It is possible to declare changes to the statement of claim in two ways - in writing (by drawing up an appropriate statement) or orally (we express our demands during the court session with a record of this in the protocol). Oral statement of new conditions. Sending a written statement saves time, since a copy of it will be examined by the defendant outside the court session in advance, and large interruptions in the process can be avoided. The choice of how to state your demands can be a kind of tactical move, it all depends on whether you want to delay the process and buy time, or spend it as quickly as possible.
Step 3
A written statement on the change in the claims is submitted to the court in which the initial claim is considered, they are combined into one proceeding. In the text of the application, it is necessary to briefly indicate information about the initial claim, then, in order, list all the changes introduced (newly discovered circumstances and facts, changes in the amount of claims, etc.). Then make your request to the court to make these changes. Do not forget that the changes made must have an evidentiary basis, so attach evidence to the application, if any.
