Advice 1: How to amend a statement of claim

Sometimes after filing suit and proceeding before the court may open the circumstances that could have an impact on the outcome of the case. For such cases the law provides for the possibility for the plaintiff to amend its statement of claim.
How to amend a statement of claim
Instruction
1
The civil Code of the Russian Federation clearly indicates that the plaintiff has the right to make changes in the basis or subject of action, and to increase or decrease the size of their claimsor abandon them. Defendant, in turn, has the right to admit the claim in full. It is also possible for both parties to end judicial proceedings by amicable agreement. A claimant may amend a claim at any time after the filing of the claim until the decision in the case by the court of first instance. The number of changes in the law are not limited.
2
The plaintiff may amend the statement of claim in two ways - in writing, by completing and filing in court a written statement or orally, by oral statements of their intentions in the course of the hearing with the fixation of the changes in the Protocol. An oral statement is usually the basis for the end of the hearing, and transfer it to another date. This time is necessary for the defendant that he could adjust his position. Submission of a written application saves time, because by the time of the hearing, the defendant will receive a copy and be aware of changes. In any case, the choice of the method of amending the statement of claim is yours, it all depends on whether you want to speed up the judicial process, or to stall.
3
A written statement of amendment of a statement of claim must be filed in the court of the place of consideration of the initial claim. In his brief text provide information about the initial claim, then list in order of your changes. Then let us know what the request is before the court on making these changes. Remember that any changes must have a basis of evidence, otherwise the court will not satisfy. Submit existing evidence (if any).

Advice 2 : How to update a claim

In the course of the hearing often reveals facts that can radically change the course of the proceedings, therefore, the parties, the legislator has provided the inalienable right right to respond to changes in the process. Thus, the plaintiff has the ability to clarify the essence of the claim at almost any stage of the proceedings.
How to update a claim
Instruction
1
To clarify the claims you can in the same pattern, which was their claim statement. Submit clarification at any stage of the judicial process. Filing regarding your claim may be considered by the court as a reason for postponement of the hearing to provide time for the defendant to prepare for the meeting with the changes. The plaintiff is entitled to the right to make additional requirements not previously stated in the lawsuit.
2
You, as the plaintiff has the right to increase or decrease the amount of claims claims. To do this, apply to the court where your case is considered. Enter the case number that is already in the process of litigation. Against the string "the plaintiff put your name, surname, patronymic. Write your location. If you are a natural person, the required date and place of your birth. For legal entities have to put the date and place of state registration. What is the name of the defendant specified in the claim statement, his place of residence or location.
3
In a statement about the clarification of claims justify the reasons that require further action. Further specify under which articles you make them. If you plan to make two or more updates, then number them in separate lines. At the end of the statement put the date of the submission, as well as his signature.
4
Part 1 of article 130 of the APC allows you to connect in one statement the requirements that are interrelated on the grounds of it the evidence presented. If detailed requirements are connected wrongly, the court returns the statement of claim, pursuant to paragraph 2 of part 1 of article 129.
5
Interrelated claims may be presented in a serial chain: to recover the unpaid loan, the interest on the loan and the penalty; to annul the act, and the refund of the amount paid under this act; to recover the value of shortage, given on these transport documents, and was a single act of acceptance or accepted for payment in one settlement document.
6
Thus, you can in the statement of claim, demanding to collect the amount of the principal debt, to clarify the requirement for a penalty. Also, adding a claim for invalidation of the transaction, require the application of consequences of its invalidity.

Advice 3 : How to change the claims

The amended claim is the process of adjustments to basis or subject of the previously alleged claim in the light of newly discovered circumstances in the most complete formulation of the claim. Any change to the claim is possible provided that they do not contradict the law and does not violate the rights of others.
How to change the claims
Instruction
1
Article 39 of the Civil Code of the Russian Federation States that "the plaintiff is entitled to change the grounds or subject of claim, to increase or decrease the size of claim requirements or to refuse the claim, the defendant is entitled to admit a claim, the parties may end the case by settlement." It is important to note in this sentence the phrase "subject or cause". Within a single action proceedings to change something, otherwise it will be a new claim.
2
The cause of action are those facts that confirm the declared claim requirements. Based on this, modify the cause of action means the complete replacement of the facts constituting the basis of the original claim (or reference to additional facts or the exclusion of some previously specified). Change the cause of action does not affect its subject, therefore, the plaintiff, as before, pursues the stated interest.
3
The subject of the claim are substantive requirement to the defendant of committing the last mentioned in the lawsuit of legal action or the waiver thereof, the recognition of the existence (or lack) of relationship between the parties, amendments or termination. Change the subject of the claim is to replace the above-mentioned substantive requirements, which are based on the previously stated actual circumstances.
4
Under the law the plaintiff has the right to change the claim requirements for every stage of the proceedings after filing an unlimited number of times until the court's decision. To report the change in claim in writing (writing application) and orally (putting the entry in the record of the hearing). A written statement submitted to the court at the place of consideration of the substantive claim and is considered in the same trial.
Note
Remember that changing the subject or cause of action is possible only to the judicial act, which ends the proceedings in first instance (in essence).

Advice 4 : How to change the statement of claim

There are situations when after the filing of the complaint to the court opened new circumstances in the case in which there is a need to amend the claim statement. Importantly, we produce the following changes were legitimate and did not violate interests of third parties.
How to change the statement of claim
Instruction
1
The civil Code of the Russian Federation expressly tells us that "the plaintiff is entitled to change the grounds or subject of claim, to increase or decrease the size of claim requirements or to refuse the claim, the defendant is entitled to admit a claim, the parties may end the case by settlement." In this legislative language, it is important to pay attention to the phrase "subject or cause". According to him, in the process of lawsuits can change one or the other. Replacement bases at the same time will be deemed the filing of a new claim.
2
The cause of action recognized the circumstances of the case supporting the plaintiff claims. Change the cause of action would mean the replacement of facts (full or partial), which served as the basis of the claim. Change the cause of action does not affect its subject, and therefore the plaintiff continued to support their interests.
3
As the subject of the claim supports itself financially-a legal requirement, addressed to the defendant. It may be expressed in committing these actions in the claim, or the refusal from their Commission, the recognition of any fact, or its absence, etc. Change the subject of the claim involves the replacement of this requirement, which will continue to be based on the same facts.
4
Replacement claims are possible at any point of the trial (the percentage change anything unlimited). Changes in the claim is possible until the moment of acceptance by court of the decision on the case in the first instance. The plaintiff may amend by filing appropriate application to the court (in writing), or to claim them in court (orally).
Note
Remember that in a single claim action proceeding it is possible to replace either the subject or the cause of action.

Advice 5 : How to amend a statement of claim

Sometimes after filing suit and proceeding before the court may open the circumstances that could have an impact on the outcome of the case. For such cases the law provides for the possibility for the plaintiff to amend its statement of claim.
How to amend a statement of claim
Instruction
1
The civil Code of the Russian Federation clearly indicates that the plaintiff has the right to make changes in the basis or subject of action, and to increase or decrease the size of their claimsor abandon them. Defendant, in turn, has the right to admit the claim in full. It is also possible for both parties to end judicial proceedings by amicable agreement. A claimant may amend a claim at any time after the filing of the claim until the decision in the case by the court of first instance. The number of changes in the law are not limited.
2
The plaintiff may amend the statement of claim in two ways - in writing, by completing and filing in court a written statement or orally, by oral statements of their intentions in the course of the hearing with the fixation of the changes in the Protocol. An oral statement is usually the basis for the end of the hearing, and transfer it to another date. This time is necessary for the defendant that he could adjust his position. Submission of a written application saves time, because by the time of the hearing, the defendant will receive a copy and be aware of changes. In any case, the choice of the method of amending the statement of claim is yours, it all depends on whether you want to speed up the judicial process, or to stall.
3
A written statement of amendment of a statement of claim must be filed in the court of the place of consideration of the initial claim. In his brief text provide information about the initial claim, then list in order of your changes. Then let us know what the request is before the court on making these changes. Remember that any changes must have a basis of evidence, otherwise the court will not satisfy. Submit existing evidence (if any).
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