Instruction
1
Depending on the nature of the case (civil or arbitration determines the form and content of the statement of claim. They differ in detail, but these differences are of great importance for the proper registration of a claim. Any statement submitted in writing.
2
Claim a statement in a civil case should look like the following:
1. at the top right, you specify the name of the court, which is addressed to the statement, the name of the plaintiff and his place of residence (or location, if it is a company), the same data about the Respondent.2. in the middle of the page is written the title - "Claim statement". 3. next is the narrative in which it is necessary to specify what a violation of your rights, what are your requirements, what is the evidence of the violation of your rights. It is very important to refer to articles of the laws.4. after the descriptive part is the amount of claim (if he is to be assessed, for example, you charge the contractual partner of 10,000 rubles, the price of the claim is 10,000 rubles).5. at the end specifies a list attached to the claim documents. These include a copy of the claim (their number should be equal to the number of plaintiffs, defendants and third parties), documents confirming circumstances on which the plaintiff bases its claims and copies of receipt for payment of registration fee, the calculation of the amount levied, power of attorney (if any).
The claim statement should be signed by the plaintiff.
3
The claim in arbitration case shall be approximately the same as a claim under the civil, but in the details of the plaintiff must specify, among other things, the date and place of his birth, if he is a natural person, his place of work or the data on registration as an individual entrepreneur, contact data (phone, Fax, email address). In the statement of claim may contain motions, including motions for discovery of evidence from the defendant or other persons. the plaintiff independently directs other persons participating in the case (defendant, third parties) a copy of the claim and the enclosed documents by registered letter with acknowledgment of receipt. Accordingly, notification of receipt attached to the claim prior to submission to the court. It is accompanied by copies of certificates of state registration as an individual entrepreneur or a legal entity, extract from the Unified state register of legal entities or Unified state register of individual entrepreneurs (egrip). Statements must be received no earlier than 30 days prior to the filing of the complaint.