In some cases, after filing a statement of claim with the court, it becomes necessary to return it back. This may be due to both the reconciliation of the parties and the errors that take place in the statement of claim, which the plaintiff wants to correct.
Necessary
- - application for the return of the statement of claim;
- - a petition for the return of the statement of claim.
Instructions
Step 1
If the statement of claim is filed in a court of general jurisdiction and has not yet been accepted by the court for proceedings, write a statement to return the statement of claim. Make it out taking into account the following recommendations. In the "heading" indicate the name of the court to which the application is sent, the name of the plaintiff and the defendant, their addresses. Below the "header", in the middle of the sheet, write the name of the document - "statement on the return of the statement of claim." In the main text, indicate your desire to return the filed statement of claim from the court, refer to article 135 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation). Sign the document, put the current date. If you represent an organization, its leader must put his signature, and a seal will also be required.
Step 2
If the statement of claim was sent to the arbitration court, before making a ruling on the acceptance of the statement of claim for proceedings, you can also apply to the court to return it. However, in this case, the document should be called "a petition for the return of the statement of claim." Give a link to article 129 of the Arbitration Procedure Code of the Russian Federation (APC RF). The content of the document should be similar to that described in clause 1.
Step 3
After the application or petition is completed, go to court in person. You should not use postal services, because in this case you will lose precious time and may not have time to submit the document before the statement of claim is accepted for production.
Step 4
If you cannot go to court in person, send your representative there, whose credentials are certified by a power of attorney drawn up in accordance with the requirements of the law.
