Writing to the arbitration court the statement of claim should prepare a package of documents attached to the claim, the required number of copies. Before filing a claim, a copy of the application need to send by mail to the defendant and other participants in the trial (a third party, attorney). Proof of sending must be attached to the copy of the statement of claim submitted to the court.
Regardless of the subject matter, the claim must be accompanied by cash receipt or payment order about payment of state duty for filing a claim. If in this part of the plaintiff has the appropriate privileges to the claim attached the corresponding confirming document. Also, addressing the court, the plaintiff has the right to ask about changing the order of payment of the fee (namely, reduce its size, to delay or extend payment). In this case, the claim is added to the required application.
The basis of any claim form the documents supporting the claim. Copies should also be applied to the claim. For example, in the framework of disputes on debt collection, the documents are the contract, the primary and settlement documents, Bank statements etc. If the dispute is to appeal against a regulatory act or an act of individual action, the suit is attached to its copy. In the case when in court it is necessary to conclude the contract, the statement of claim should be attached to his project.
If before filing a claim, the parties complied with the trial procedure of dispute settlement to the suit included a copy of the claim, the proof of its sending and the response (if any).
The legislation allowed the introduction of the arbitration court of the security of property interests of the plaintiff before filing the suit. This is particularly true for corporate disputes. In this case, to the claim * a copy of the judicial determination.
To a separate block of documents attached to the claim are those which confirm the legal status of the parties to the case. This includes a copy of the certificate on the state registration of the legal person or the individual businessman (for the plaintiff), as well as extracts from the unified state register of legal entities (individual entrepreneurs) in respect of the plaintiff and defendant. In addition, the claim must be accompanied by a document (a copy of the order, power of attorney, etc) confirming the authority of the person in terms of its signature.
The period of validity of extracts from the unified state register concerning the parties to the case is 1 month. Otherwise, the plaintiff will need to obtain a new one.
Parties and other participants in the process can not send copies of the documents that have them in stock. In addition, a valid arbitration court of the application to a claim by e-mail.