When filing a claim with an arbitration court, it is necessary not only to correctly write a statement of claim, but also to collect the evidence base attached to it. The successful outcome of the case largely depends on its completeness and content.
Instructions
Step 1
Having written a statement of claim to the arbitration court, you should prepare a package of documents attached to the claim in the required number of copies. Before filing a claim, copies of it with attachments must be sent by mail to the defendant, as well as to other participants in the trial (third parties, the prosecutor). Proof of dispatch must be attached to the copy of the statement of claim filed with the court.
Step 2
Regardless of the subject of the dispute, a bank receipt or payment order for payment of state duty for filing a claim must be attached to the statement of claim. If the claimant has the appropriate benefits in this part, the relevant supporting document is attached to the claim. Also, when going to court, the plaintiff has the right to ask for a change in the procedure for paying the state duty (namely, to reduce its amount, to delay or defer payment). In this case, the required petition is added to the claim.
Step 3
Any claim is based on documents confirming the claim. Copies should also be attached to the claim. For example, within the framework of disputes on debt collection, such documents are contracts, primary and settlement documents, bank statements, etc. If the subject of the dispute is an appeal against a normative legal act or an act of individual action, a copy of it is attached to the claim. In the case when it is necessary to conclude an agreement in court, its draft must be attached to the statement of claim.
Step 4
If, before filing a claim, the parties followed the procedure for pre-trial settlement of the dispute, a copy of the claim, evidence of its sending and an answer to it (if any) are attached to the claim.
Step 5
The legislation allows an arbitration court to secure the property interests of the plaintiff before filing a claim. This is particularly the case for corporate disputes. In this case, a copy of the relevant court ruling is attached to the statement of claim.
Step 6
A separate block of documents attached to the statement of claim includes those that confirm the legal status of the parties to the case. This includes copies of the certificate of state registration of a legal entity or individual entrepreneur (for the plaintiff), as well as extracts from the unified state register of legal entities (individual entrepreneurs) in relation to the plaintiff and the defendant. In addition, the claim must be accompanied by a document (copy of the order, power of attorney, etc.) confirming the authority of the person in terms of signing it.
