Civil procedural legislation establishes strict requirements for the list of documents that must be attached to a claim in a magistrate's court. Failure to comply with these requirements will entail leaving the claim without progress, and if the shortcomings persist, it will be returned to the applicant.
Instructions
Step 1
Copies of the statement of claim itself, as well as the documents on which the claims of the plaintiff are based (for the court and other participants in the case) must be attached to the claim in the magistrate's court. The number of copies depends on the number of participants in the case (defendants, third parties). If any of the attached documents are already in the possession of the defendant, third parties (for example, a bilateral agreement), then their copies for the indicated participants in the case need not be attached.
Step 2
A mandatory annex to the claim to the magistrate's court is a document confirming the payment of the state duty by the plaintiff. Receipts or payment orders are usually used as the specified document, and they must be attached in the original. If the plaintiff is exempted from paying the fee for any reason, then this circumstance should be indicated in the statement of claim (with reference to the relevant rule of law).
Step 3
If the statement of claim is signed or submitted not by the plaintiff himself, but by his representative, then a power of attorney with the appropriate powers becomes a mandatory application. The specified power of attorney can be attached in a copy, however, the representative must always have its original copy and passport with him in order, if necessary, to confirm to the staff of the court office, the magistrate of the existence of procedural rights.
Step 4
If there are special requirements for a mandatory pre-trial procedure for resolving disagreements, a document is attached to the claim, which confirms the plaintiff's compliance with the specified procedure. A claim usually acts as a specified document, and it is also necessary to provide evidence of its direction to the defendant (postal documents or personal signature of the defendant on a copy of the claim). A mandatory claim procedure is often stipulated by various agreements, and for some types of disputes - by regulatory enactments.
Step 5
If the plaintiff files a claim for the recovery of a certain amount, then the compulsory application is the calculation of the requirements. Such a calculation is often included in the text of the statement of claim, which is not considered a violation and does not entail negative consequences in the form of leaving the claim without movement, subsequent return. If the calculation is rather complicated or voluminous, then it is recommended to make it as a separate annex to the claim, not forgetting the need to make copies of this document for the defendant and other participants in the process.
