Instruction
1
The need the statement application can be very different: you have a sick child, you can't be present at the hearing and want it postponed or held without your participation; you refuse to provide any document required for the consideration of the case, and you're asking the court to claim it; you do not trust the composition of the court and ask the judge to withdraw from hearing the case, etc. as a General rule, the petition shall be submitted in written form. However, if you are present at the hearing, you can state it orally, and your motion will be recorded in the minutes of the hearing.
The court is obliged to consider your application, but is not obliged to satisfy. Therefore, any application must be well motivated. The report should specify the reasons why you are asking the court to take some action. The petition may be accompanied with documents supporting your position. For example, if you seek to adjourn the court meeting due to your illness, you must attach to the petition a copy of the sick list or reference about your being hospitalized.
The court is obliged to consider your application, but is not obliged to satisfy. Therefore, any application must be well motivated. The report should specify the reasons why you are asking the court to take some action. The petition may be accompanied with documents supporting your position. For example, if you seek to adjourn the court meeting due to your illness, you must attach to the petition a copy of the sick list or reference about your being hospitalized.
2
The rigorous demands of most applications does not exist. When writing an application it is advisable to adhere to the same rules as when writing of the claim: indicate the name and addresses of persons involved in the case, name of judge, case number, under which the application is made. The following is the petition itself and the circumstances justifying it. The petition must be signed by the applicant.
3
Some petitions based on the claim, the disqualification of a judge, to issue a duplicate writ of execution, etc.) the law imposes special requirements. You can find it in the relevant procedural codes.
Typically the statement applications not subject to state duties, however, the tax code provides the following exceptions from this rule:
- when filing an application for securing a claim (for cases before the arbitration court) – 2000 rubles;
- upon the filing of the petition for re-issuance of copies of judicial acts, court records, copies of other documents from the case issued by the court, and when applying for the issuance of duplicates of Executive documents - 4 roubles for one page of document but at least 40 roubles.
Typically the statement applications not subject to state duties, however, the tax code provides the following exceptions from this rule:
- when filing an application for securing a claim (for cases before the arbitration court) – 2000 rubles;
- upon the filing of the petition for re-issuance of copies of judicial acts, court records, copies of other documents from the case issued by the court, and when applying for the issuance of duplicates of Executive documents - 4 roubles for one page of document but at least 40 roubles.
