How to amend a statement of claim

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.

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.

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).