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 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 3: 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 4: How to increase the size of the claim

Increase the size of the claim is a right of the plaintiff, his representative in civil or arbitration proceedings. This increase is made by means of a statement of the relevant application, which shall be in written form.
How to increase the size of the claim
One of the procedural rights in civil and arbitration proceedings is vested in the plaintiff is the right to increase the size of the claim. To realize this opportunity in any court the only possible way – by supplying the special judge of the petition, which will contain a request to increase the amount of the claim. The petition shall be in writing and, if necessary, the claimant brings the calculation of new claims in this document. As a rule, the request is considered by the court immediately after her statement, after which the plaintiff, his representative shall receive the decision on satisfaction of the petition or rejection of the increasing demand.

In some cases, the required increase in claims?



Increase the size of the claim must be justified by certain objective circumstances due to which the amount of the claim over time could increase. For example, such a motion often declare the penalty for delay in performance of any obligation. In this case, the interest can accrue during the entire trial, which could last several months, causing the need to increase the size of the monetary claims. The reason for the application request to increase the amount of requirements should be reflected in a written document, since the court in the consideration of this request will inquire about its objective bases. In addition, a written request remains in the case, therefore, the unlawful denial of the motion, the plaintiff greatly simplifies the procedure of appeal against the judicial act.

In some cases, the court denies the increase in claims?



The refusal to satisfy the petition about increasing the requirements outlined in the statement of claim, there may be several reasons. The most frequent basis for failure is the attempt of the plaintiff, his representative, to substitute another motion or a new requirement increases the amount of the claim. So, when a new claim against the same defendant, which has nothing to do with a pending lawsuit, the plaintiff will have to file another claim. In some cases, associated requirements are documented in the petition to change the subject of the claim, its grounds, but cannot be considered in the order of increasing amount of the claim.
Is the advice useful?
Search