Where is the application filed in court? What is the procedure for filing a claim in court? What to consider before filing a claim

Only when you receive a summons.

Very often, not a single document is attached to the subpoena you receive, and all you can find out from it is the place and time of the upcoming court hearing, and sometimes the full name or name of the person who sued you.

Step 1. Familiarization with the case materials

In such a situation, the first thing you need to do is find out the essence and grounds of the claims brought against you. To do this, you need to come to court and get acquainted with the materials of your case.

In accordance with Art. 35 of the Code of Civil Procedure of the Russian Federation, persons participating in the case have the right to familiarize themselves with the case materials, make extracts from them, make copies...

In accordance with Part 2 of Art. 199 of the Civil Code of the Russian Federation, the limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision.

The expiration of the limitation period, the application of which is declared by a party to the dispute, is the basis for the court to make a decision to reject the claim.

Thus, in order to apply the consequences of the expiration of the statute of limitations in a dispute, you must definitely declare this.

Third, check whether you are the proper defendant in the case. Should you be held responsible by virtue of law, contract, or other circumstances?

For example: in the event of an accident with your participation, which is the occurrence of an insured event, provided that the insurance premium fully covers the damage resulting from the accident.

In this case, you can indicate to the court that you are not a proper defendant.

Step 3. Speaking in court.

If you have received a summons to a preliminary court hearing, then most likely you will only need to submit an objection to the statement of claim and receive a summons to the main court hearing.

At the main court hearing, you are required to be active. Object to the plaintiff’s arguments, question his assumptions, challenge the evidence he provides.

Remember that in accordance with Art. 56 of the Code of Civil Procedure, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

Therefore, the person who filed the claim against you must first of all prove the circumstances on which the claims are based.

Despite the development of civilization and scientific and technological progress, unfortunately, the main problems that humanity faced at the dawn of its existence still trouble us today. Disputes over causing material, physical and moral damage to each other have accompanied humans throughout evolution. True, if in the old days the policy of “he who is stronger is right” was followed in resolving disputes, now, no matter what place you occupy in society, you have the opportunity to file a lawsuit to protect your rights.

1. Jurisdiction at the location of the defendant (Article 28 of the Code of Civil Procedure; the claim is brought to the court at the place of registration of the defendant);
2. Jurisdiction of cases at the choice of the plaintiff (Article 29 of the Code of Civil Procedure; the application is sent to the court at the place of your registration): on recognition of the paternity of the defendant; about labor relations; about divorce; on the collection of alimony; on compensation for damage resulting in injury or death of an individual; on compensation for damage caused due to unlawful actions of law enforcement agencies or the court; on the protection of consumer rights.
3. Exclusive jurisdiction (Article 30 of the Code of Civil Procedure; claims for ownership of real estate and for the removal of arrest from property are brought at the place of its location).

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• name of the court;
• Full name and address of the plaintiff;
• Full name and address of the defendant;
• the applicant’s requirements, the amount of the claim and the amount of the state fee;
• grounds for making claims;
• evidence confirming the fact of violation of the plaintiff’s rights;
• list of attached documents;
• date and signature.

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• the statute of limitations is valid (read Article 200 of the Civil Code of the Russian Federation);
• you have enough evidence (there are witnesses in the case or irrefutable documents);
• the statement of claim meets the requirements of the law (read Article 125 of the Arbitration Procedure Code of the Russian Federation and Article 131 of the Code of Civil Procedure of the Russian Federation);
• in judicial practice, positive decisions have already been made in a similar situation (judges often use examples of colleagues in identical cases to make decisions; provide examples in the claim or in the explanations of the case).

Filing a claim in court is a procedure that requires the interested party to comply with all necessary norms provided for by the procedural legislation of the Russian Federation for its successful completion.

When the statement of claim has been drawn up, the state fee has been calculated and paid (taking into account the specifics provided for by Russian legislation) and all the documents that need to be attached to the statement of claim have been collected, the claim should be filed in court.

How to properly file a claim will be discussed in this article.

HOW TO PROPERLY FILE A LAWSUIT IN COURT?

Before filing a claim, we recommend that you call the court in advance and clarify the visiting days, hours and office number where to file the claim. In magistrates' courts, documents are in most cases accepted by a judge of the judicial district, in courts of general jurisdiction and arbitration courts - by an office worker.

The statement of claim and documents attached to the statement of claim in copies (in some cases, documents should be attached in originals) must be submitted to a court of general jurisdiction (magistrate) according to the number of parties participating in the case. In other words:

• one copy of documents for the court;
• a separate copy of documents is prepared for each of the defendants;
• one copy for third parties.

When applying to the judicial authorities in person, another copy of the statement of claim must be submitted to the office. This is required so that the employee who accepted the documents puts a stamp on it, the date of receipt of the documents and his signature.

The statement of claim, stamped, dated and signed by an employee of the court office, is returned to the applicant and serves as evidence of the filing of the claim for consideration of the issue of its acceptance by the court. Next, we will consider in more detail who can file a claim, in what way, and in which court to file a claim.

Who can file a claim

An interested person can file a claim with the judicial authorities independently or through his representative.

If a claim is filed by a representative of an interested party, his powers must be expressed in a power of attorney issued and executed in accordance with Russian legislation. A person authorized to bring a claim in court, in addition to a power of attorney, must have with him a document proving his identity.

If a claim is filed by a representative of an interested party, it is also necessary to take into account that according to the law (Article 54 of the Code of Civil Procedure of the Russian Federation), certain procedural actions must be specifically stipulated in the power of attorney.

In particular, the power of attorney must indicate that the representative has the right to sign the statement of claim and to present it to the court.

Filing a claim by mail

This method seems convenient if the judicial authorities to which the interested person intends to apply are located in another remote city (subject of the Russian Federation), relative to his place of permanent residence (location).

However, such submission of documents to the court, in addition to the convenience visible on the surface, expressed in significant savings in money for travel to the location of the court, accommodation and back, also has significant disadvantages.

One of these disadvantages is the increase in time spent delivering documents to the post office, between post offices, to the addressee and back (waiting for the sender to receive a postal notification of delivery of the correspondence).

After all, when using postal services in order to submit documents to the court, you must send correspondence by registered mail with return receipt requested. The notification of delivery and the date of receipt of the letter indicated in the court office will serve as evidence of the filing of the claim for consideration of the issue of its acceptance by the court.

Another disadvantage of this method of filing documents with the court is the following circumstance. If the submitted statement of claim contains errors and (or) the set of attached documents is not presented in full, or other violations of legal requirements are identified, the court, depending on their type, may:

• return the statement of claim;

Please note that up to 5 daysfrom the date of receipt of the statement of claim in courtwill only take the court to consider the issue of accepting it for proceedings (Article 133 of the Code of Civil Procedure of the Russian Federation).

Accordingly, the time that will need to be spent onthe elimination of violations, taking into account the sending of documents by mail, will increase even more.

Submitting a claim to the court office

Filing a statement of claim to the court office allows, in comparison with mailing, to significantly reduce the time it takes for it to reach the court. ABOUT however, as with sending a statement of claim by mail, if errors and (or) other violations of legal requirements are discovered, it will take the same amount of time for the interested party to receive information about them as in the case of sending documents by mail.

Most often, the court office checks the availability of the necessary attachments, the number of copies, documents received in court along with the statement of claim, and less often their content. Therefore, it is not very rare for cases when the court office accepted statements of claim in the absence of, for example, the signature of the person submitting the application and (or) other information that, in accordance with the requirements of the law, must be contained in them.

This means that the acceptance of a statement of claim by the court office does not mean its automatic acceptance by the court. In other words, if, when a judge considers the issue of accepting a statement of claim for court proceedings, errors, inaccuracies, and other circumstances are discovered that prevent the statement from being accepted for proceedings, the court, depending on their type, may:

• refuse to accept the claim;
• return the statement of claim;
• leave the statement of claim without progress.

We recommend submitting a statement of claim to the court office along with another copy of it. At the request of the interested person, this copy will be stamped in the office indicating the date when the materials were submitted.

Subsequent presentation, if necessary, of an additional copy of the claim with a stamp indicating the receipt of materials in court and the date of receipt will serve as evidence of timely filing (for example: if a dispute arises about the date of receipt of the claim in court).

Filing a claim directly with a judge

Filing a claim directly with a judgeis the most preferred method, especially if time is limited. Before you come to an appointment with a judge to file a claim, you should find out from the office which particular judge will consider the claim, as well as the days and hours of the appointment.

When receiving citizens, the judge fully studies the materials of the presented statement of claim and the presence of attachments. Also, on the day of admission, he can certify copies of applications if the plaintiff provides their originals.

If there are errors in the submitted documents and (or) other circumstances that prevent the application from being accepted for proceedings, the judge will point them out and may return the statement of claim to the interested party to eliminate them. This will allow the interested party to significantly save time, as well as receive from the judge some recommendations for eliminating shortcomings.

And, although according to the law, judges do not give consultations at the reception, verbal “tips” from the judge are often quite enough to ensure that the next time the filing of a claim is successful. In some courts, the acceptance of statements of claim is carried out by an assistant judge, who, like the judge, can give the interested person the necessary explanations.

Which court should I file my claim in?

In order for a person who does not have special knowledge and experience to file a claim successfully, in other words, in compliance with all norms of procedural legislation of the Russian Federation, it is necessary, among other things, to know in which court the claim should be filed.

In most cases, to file claims in defense of violated rights and legitimate interests in the Russian Federation at first instance, you should contact an arbitration court, a court of general jurisdiction or a magistrate.

If the dispute is not economic and is not related to business or other economic activities, you will have to file a civil lawsuit. Civil claims are heard and resolved in courts of general jurisdiction or before magistrates.

A claim (application) is filed with a magistrate if it is:

1) the case of issuing a court order;

2) a case of divorce, when there is no dispute about children between the spouses;

3) a case regarding the division of jointly acquired property between spouses with a claim price not exceeding 50,000 rubles;

4) other cases arising from family legal relations.

The exception is cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, limiting parental rights, adoption of a child, other cases of disputes about children and cases of declaring marriage invalid;

5) a case involving a property dispute.

The exception to this is cases of inheritance of property and cases arising from relations regarding the creation and use of results of intellectual activity, with the cost of the claim not exceeding 50,000 rubles;

6) a case on determining the procedure for using property.

Place of filing the claim I

After deciding the question: “In which court will the claim be filed?”, it is necessary to determine the place, in other words, the address of the court in which the claim will be filed. So, the main factors influencing the location of the court to which you should contact are:

1. Location (place of residence) of the defendant - the place provided for by the general rules of jurisdiction for filing a claim (Article 35 of the Arbitration Procedure Code of the Russian Federation, Article 28 of the Code of Civil Procedure of the Russian Federation).

2. In cases provided for by law, the place of filing a claim may be determined by the choice of the plaintiff (Article 36 of the Arbitration Procedure Code of the Russian Federation, Article 29 of the Code of Civil Procedure of the Russian Federation).

Important to remember: For a quick and fair consideration of a dispute by the court, it is necessary not only to correctly draw up a statement of claim, but also to submit it taking into account all the features provided for by Russian procedural legislation.

This article covers most of the details of how to properly file a claim, but not all. Without special education and experience, even after carefully studying these materials, if you decide to file a claim on your own, the risk of making a mistake remains high.

Most citizens of our country are faced with the need to file a claim in court. And here the question arises: which judicial body can I turn to? How to determine the jurisdiction and jurisdiction of courts? After all, if you write a statement of claim to the arbitration court, and this claim can only be filed in the district court, they will simply refuse to accept it. Even more important for where to file a claim depends on the defendant’s place of residence. What laws determine how cases are heard in various courts? How can you determine which legal case your situation falls under? You can find the answer to most of these questions by reading this article to its logical conclusion.

If there is something you don’t understand and you don’t find the information you need, you can always contact our lawyers, who provide their services online completely free of charge.

The jurisdiction of the courts is understood as the distribution of cases according to the legal assessment of the plaintiff and defendant (legal entities or individuals). Jurisdiction refers to the territorial location of the defendant (place of registration) and generic jurisdiction (district court or subject court). However, even knowing the basics of the law, it is not always easy to figure out where to file a claim. So welcome to seek advice from professionals in your field.

If you still fail to resolve the conflict out of court, you will have to file a statement of claim in court. Since the claim contains a request for the protection of rights to a specific court (the details of this judicial body are indicated), it is necessary to figure out where to write to you? To clarify the situation a little, let's figure out which claims can only be heard by justices of the peace. You can appeal to the court of first instance in the following situations:

• cases where the solution is the issuance of court orders (in this case the cost of the claim does not matter);
• divorce cases without claims from spouses to each other about joint children;
• divorce cases subject to the division of jointly acquired property worth no more than fifty thousand rubles;
• any cases regarding family conflicts (establishment of paternity, adoption, deprivation of parents of their legal rights are excluded);
• property disputes (except for violations of inheritance laws);
• determining the procedure for using property;
• other cases that are provided for by the law on the activities of justices of the peace.

For all other problems, you can file a claim in the district or city court. It is worth considering that you need to complain at the defendant’s place of residence. And if you are complaining not about an individual, but about a legal entity, then you need to contact the court located at the fact of registration (legal address).

In addition, when you enter the building where the trial judges work, you will find offices with precinct numbers. And all because your area is divided into several even sections of streets and houses. You can find out which judge you need to write a statement of claim to from the court clerks. You can also go to a resource that tells about the work of justices of the peace in your area and search the available sites for the address you need. Just remember that the required address does not mean your place of registration, but the defendant’s.

Alternative jurisdiction

In an alternative situation, the plaintiff can independently decide on the judicial authority. But this is possible only in cases strictly defined by law.

The applicant files a claim in one of several courts, provided:

• You can file a claim in a court whose jurisdiction extends to the location of the defendant’s property or to his last address, provided that at the moment no one knows where he is;
• if you want to sue an organization due to unlawful actions of its representative office, subsidiary or branch, then you can do this either at the legal address of the head office or at the legal address of the branches;
• a claim demanding funds for child support (alimony) is filed at the place of residence of the plaintiff or defendant;
• divorce proceedings are allowed to be carried out in court at the place of registration of the initiator of divorce, if he has a minor child, or if there are circumstances due to which the plaintiff cannot travel to another area (region, district, city, etc.);
• compensation for damage that was received through injury, or any other harm to health and life, as well as the loss of a breadwinner, allow the plaintiff to go to the judicial authorities at his place of residence or to the court at the place where the injuries were caused;
• the plaintiff can file a claim on his registration if he wants to restore housing, pension or labor rights, if he wants to receive compensation for conviction, arrest, travel ban, administrative and/or criminal liability imposed illegally;
• the plaintiff can choose either the court at his place of residence, or the court based on the registration of the defendant, or the court at the place where the purchase and sale agreement was concluded in case of violations of consumer rights;
• a statement of claim under contracts that stipulate the place of execution of the clauses of this document may be filed in court at the specified place;
• If a ship collides and you want to receive a reward for rescue operations at sea, you can file a claim at the location or registration of the ship.

In the above cases, the plaintiff goes to court at his own discretion and does what is convenient for him.

Exclusive jurisdiction

Exclusive jurisdiction refers to certain deviations from the general rules for proceedings on claims. Now we will consider situations in which resolution in court requires contacting a specific judicial authority. This list can be called exhaustive.

Exclusive jurisdiction implies compliance with the following rules:

• the proceedings on issues of rights to plots of land, subsoil, buildings of any type, all objects that have a strong connection with the land, the release of existing property from punishment in the form of arrest take place in the judicial authorities at the location of these entities;
• claims filed by creditors of a person who left an inheritance before the heirs assumed their rights are subject to the jurisdiction of the courts located in the place where the inheritance was opened;
• Litigation with carriers takes place at the place of their registration.

Sometimes, for greater procedural savings, judges connect cases. So, here too there are some peculiarities of filing a claim:

• a complaint about unlawful actions of several people is filed with the court upon registration of one of them;
• the counterclaim is filed in the same judicial body as the original application;
• a civil claim that arises from a criminal proceeding is considered in civil proceedings in accordance with civil law.

Another interesting point is that the parties can independently agree on which judicial body to contact. But this applies only to magistrates' and district courts. If you have any additional questions, please contact experienced lawyers on our website.