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.

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).