A competent statement of claim is the key to future success in the litigation. We can say that a well-prepared claim is 30% of the winnings. The procedure for drafting and filing a claim is determined in the civil or arbitration procedural codes.
Instructions
Step 1
Prepare the required documents. At this stage, significant points are determined, for example:
- which court should consider the case. Depending on the category of the dispute, the claim is sent to a court of general jurisdiction (district or magistrate court) or an arbitration court;
- which parties will participate in the process, who will be the defendant;
- whether the preliminary filing of a claim is mandatory. So, in disputes with carriers, compliance with the claim procedure is mandatory;
- calculate the amount of the state duty for each claim and pay according to the court details.
Information about the method of calculation and payment details is posted on the stands in the courthouse or on the official website. Make a list of documents to be sent to court. Make photocopies of all documents, as the original documents must be presented to the court. It is recommended to make notarized copies of documents that cannot be restored.
Step 2
Write the text of the statement of claim. The most common examples of applications are posted on information stands in the courtroom, courts' websites, in the Consultant Plus and Garant reference and search systems. The text of the statement of claim contains:
- a descriptive part, which sets out the essence of the matter. Here, reflect the facts that need to be proved, refer to the attached documents. Where possible, make reference to laws and other regulations;
- the requesting part, which indicates the specific requirements for the defendant. For monetary claims, indicate the amount and how it was calculated. The amount of legal costs is indicated separately.
- list the attached documents.
Step 3
Submit your claim to the court directly to the court office or by registered mail with notice.
