Civil petition form. How to write a petition - sample drafting

14.08.2019

When addressing a public authority, it is necessary to write a petition or statement of claim. It is one and the same document of great importance for the court. That is why it is worth paying attention to the correct execution of the petition, as well as knowing the conditions, rules for filing, terms of consideration in court and other important issues.

When is it necessary to file a petition with the court - conditions and rules for filing a petition with the court?

When submitting a petition to a state authority, it is worth adhering to certain rules. First of all, apply to the court only officially by writing a statement by hand.

At the beginning of the petition, be sure to leave a free space so that the court representatives can enter the case number in it.

Please provide the following information in your application:

The name of the court you are applying to.
Name of the applicant and his contact details: residential address, phone number, e-mail, skype and other information that will facilitate quick communication with you. If the plaintiff is an organization, that is, a legal entity, then it is worth indicating the name of the representative of the company and the address of its location.
Full name of the defendant and his contact details: for an individual - the address of the place of residence, and for a legal entity - the address of the location. If you own more information, then you should indicate them.
Purpose of the petition. Describe why the application is being filed, correctly formulate the violation or threat that was committed against you (the plaintiff).
The circumstances under which the violation of the rights, freedoms or interests of the applicant occurred.
Evidence of what's happening.
Requirements - what you want from the court and the defendant.
The cost of the claim and the calculation of other court monetary amounts (for reporting).
Information about the applicant's pre-trial appeals to the defendant, if any. For example, communication with a specific request.
List of all documents attached to the application.

The rules for filling out the application are described in detail in Art. 131 and 132 Code of Civil Procedure of the Russian Federation.

Another rule - do not forget to sign the document. If another person represents him in court, then he must have a signed power of attorney to conduct the case.

How to make a petition in court - which statement of the petition is better written or oral?

Written form is always a winning option. A written statement is better because:

This is a formal request that you must respond to.
The document is not unfounded and relies on arguments and evidence. For example, expert opinions can be attached to the application.
You will establish yourself as a law-abiding citizen who knows his rights and is not afraid to defend them in court.

You should be aware that the application may be rejected by the court. According to Article 135 of the Code of Civil Procedure of the Russian Federation, the return of the statement of claim occurs for several reasons:

When the pre-trial procedure for settling the dispute between the plaintiff and the defendant is violated.
If the case is not decided by this court.
In the event that the application is submitted by an incompetent person.
If the petition is signed and presented to the court by a person who does not have the right to these actions.
When the same case is in court in a dispute between the parties.
If the plaintiff himself declared the return of the petition.

If your application does not fall under these conditions, you can safely file it in court. In case of incorrect submission, all attached documents will be returned to you along with the application. In addition, you must explain the reason for the rejection of the application and issue a ruling with explanations. If it was not provided to you, then demand an explanation by asking a series of questions:

Which court to apply to?
How to eliminate the shortcomings that interfere with the initiation of a case?

As soon as you correct all the errors, you can re-apply to the court.

The main types of petitions in court

Most claims fall into the following categories:

Conducting examinations. Petitions are submitted for the purpose of appointing judicial checks.
Execution progress. Applications are submitted to influence the course of execution of actions that the opposing party should have performed. The document is adopted after the entry into force of the decision.
Court expenses. This group contains claims related to the resolution of issues of state duty and other expenses.
Restoration of deadlines. This category includes motions that resolve disputes over missing and reinstating legal deadlines. For example, the statute of limitations, the term for going to court to appeal against any actions, or the term for filing labor disputes.

How to file a petition with the court - terms, procedure for filing and considering a petition in court

You can file a petition at any time, regardless of the stage of consideration of the case. As a rule, all applications are considered immediately after they are submitted. Note that the petition on your behalf must be considered and accepted within five days from the date of receipt of the paper by the court (Article 133 of the Code of Civil Procedure of the Russian Federation).

Based on the filed statement of claim, the judge will issue a ruling and decide whether to initiate a case. The application period is 6 months.

Filing a petition with the arbitration court

Only participants in a court case can send an application to this state authority. An application filed with the Arbitration Court may:

Include evidence in the case that was not there before.
Request the return of lost documents.
Conduct an audit or review.
Suspend the trial.

Since the petition is filed on different issues, there is no common writing pattern. You can rely on the norms indicated in Articles 125 and 126 of the APC of the Russian Federation. Statement examples:

Filing a Petition in Criminal Court

The victim or a relative of the person in respect of whom the act was committed and caused his death can send an application to the criminal court.

The application must be submitted in writing and must include the following information:

The name of the body to which the applicant applies. In this case, it is the court located on the site where there was a completely criminally punishable act.
Description of the crime, in particular the place, time and all the circumstances of its commission. The investigator should help you with this.
Request that the matter be considered.
Name and contact details of the victim.
Details of the person against whom the petition is directed.
List of witnesses who will be able to come to court later.
Applicant's signature.

An example of writing a petition to the criminal court:

Filing a Petition to the Magistrate's Court

The World Court hears cases on the following issues:

Civil. For example, about the dissolution of a marriage, the division of property or the recovery of alimony.
Administrative. For example, about the deprivation of a driver's license.
Criminal. Only cases of private prosecution are dealt with, that is, those that are directed by the victim himself or his representative.

By submitting a petition, you can also ask for an examination, interrogate witnesses, bring new evidence or demand documents. It is important that the application be drawn up according to the standards that we described above. Sample:

Filing a petition to the city, district and regional court

A written application must also be submitted to the courts of first instance. In it, indicate all the data of the representatives of the parties and other necessary information. Detailed filling rules are described in Art. 131, 132 Code of Civil Procedure of the Russian Federation.

Some sample statements:

Filing an application to the Court of Appeal

Requirements for the form and content of the appeal are described in Art. 322 Code of Civil Procedure of the Russian Federation. Do not forget to indicate the case number and the decision (determination) of the court subject to appeal, as well as briefly and clearly consider the grounds on which this decision is incorrect.

Samples:

Filing an application with the Court of Cassation

In accordance with Article 378 of the Code of Civil Procedure of the Russian Federation, the cassation appeal should indicate information about the court, the applicant and other persons, and should also:

Mark the courts that have already been appealed to and the decisions they have taken.
Specify the decisions to be appealed.
Write about violations of substantive and procedural rights committed by the courts.
Do not forget about the request and requirements.

Sample:

Filing a motion with the constitutional court

Turning to this body of state power, it is worth looking through the law "On the Constitutional Court of the Russian Federation" dated July 21, 1994. Articles 37 and 38 detail the application requirements.

Example:

Filing a Petition to the Supreme Court

The requirements for applying to the supreme court are almost the same as everywhere else. They depend on the category and title of the application. You can read more about the rules in chapters 35, 36.1, 37 of the APC of the Russian Federation.

Example:

Submitting a petition to arbitration

The application for this court must comply with the norms of the petition, which is sent to the arbitration court. Just do not forget that in the header you must indicate "arbitration".

Sample:

What should I do if the court refuses to grant the application?

The judge may not accept your motion. According to article 134 of the Code of Civil Procedure of the Russian Federation, refusal occurs under the following conditions:

If the consideration of the case is not within the competence of the court to which the application is submitted.
In the event that the application was submitted by a body that does not have the right to protect the interests of an individual.
When the petition does not describe the violation.
If a decision has already been made on this issue / case or the parties have reconciled in a world body of state power.
In the presence of the decision of the arbitration court. The petition may be accepted if the court to which you are not applying for the first time has not issued you a writ of execution announcing the decision of the arbitration court.

You will learn about the refusal to accept the application within 5 days from the date of receipt of the document by the court. It should be sent back to you with all the papers attached to it. If the judge refuses, then you can not try again with the same petition. Of course, you can file a private complaint with a higher court if your rights have been violated.

On any legal site, you can find,. But there are no two identical lawsuits, therefore, having found a suitable template on the Internet, it is necessary to carefully analyze it for compatibility with a particular case. Normative sources that regulate the rights of participants in judicial situations to express their will in the form of a petition are quite demanding and scrupulous about this process, and do not tolerate ambiguities. How to find the right sample petition to the court, we will consider in this article.

What can you ask the court for?

Any party has the right to write a petition to the court, this is enshrined in several laws: Article 119 of the Code of Criminal Procedure of Russia, Article 41 of the Arbitration Procedure Code, Article 35 of the Civil Code of the Russian Federation, which article to use depends on the type of judicial situation. In any case, it is possible to prepare a petition to the court on any issue, the main thing is that it be satisfied. If the petition to the court is written in the correct way and if there are legal grounds, then the chances of a positive result increase several times.

Most often, the following types of applications fall into the judiciary:

About the requirement of documents from different instances.
Postponement or adjournment of a court session.
On the invitation of a specialist, expert, translator.
On the appointment of a forensic examination (vehicle, construction and technical, psychiatric, accounting, trace analysis, handwriting - it all depends on the nature of the litigation).
About calling witnesses.
On the involvement of a third party in the case.
On taking action to secure the claim.
About the replacement of the defendant.
On the issuance of copies of various documents (audio and video recordings).
About changing claims.
On the demand for evidence.

It is impossible to list all existing types of petitions, none of the laws currently in force contains their complete list, since it is simply impossible to predict a possible situation during a trial.

How to write a petition to the court?

1. Normative reinforcement

The law does not provide for an established sample of a petition to the court, so it can be drawn up in any form. When filling out a petition to the court, it is not necessary to refer to laws, but it is desirable to indicate certain legal norms that are able to confirm the applicant's arguments. In this case, the probability of failure is significantly reduced.

2. Specifics

So that the court would not be able to interpret the request in two ways and subsequently make it easier to appeal the refusal (in the event such a situation arises), the pleading (resolutive) part of the petition to the court should be formulated concisely and very clearly. For example, if you need to invite an expert to a court session, you must specify a specific person, and be sure to note that this person is ready to appear in court at the appointed time.

3. Lead time

It is best to write a petition to the court in advance. Of course, there are cases when a petition to the court has to be drawn up during the meeting, but this is a rather rare occurrence. In addition, predicting the development of a trial and its outcome is not only difficult, it is completely impossible. Therefore, it makes sense to prepare several options for applying to the court. So it becomes possible to quickly choose the most suitable in the court process.

Application to court sample

In the absence of relatives who practice the activities of a lawyer, they know how to write a petition to the court correctly, it is possible to find it in several different ways: turn to a professional lawyer for help or visit resources such as the Internet, which nowadays are available to absolutely everyone. Naturally, if you follow the first scenario, you can save a lot of time and effort, but not everyone has professional lawyers in their relatives. Below we will consider step-by-step instructions for the correct preparation of a petition to the court:

1. To write a proper petition to the court, you need to study the search results very carefully and in detail and try to select several samples.
2. Highlight the references specifically to the legislation that are indicated to substantiate the application.
3. Be sure to read the rules of law in the source itself. Make sure that the required law is up to date, if the document has lost its force and put a corresponding note.
4. The samples you have chosen are compared with each other in accordance with each other from a legal point of view.

Sample request to court:

Question, how to write a petition to the court (sample), is fully disclosed in this article, you just have to use the clearly described instructions.

A motion (sample) is a document containing a written request for action. How to write a petition to the court, because the chances of a positive response increase with the correct preparation of the document. The sample application presented in the article will help you figure out what data should be present in the paper, what is the procedure for filling out the document.

A petition is one type of request. To be accepted, paper must be written correctly. The document may be used during legal proceedings or sent to other government agencies. It is sent to an official and can be used when considering a case or forming a protocol. For this reason, it is important to know how to write a petition correctly, study the sample petition.

(click to open)

How to write a petition

People, faced with the need to file a petition for the first time, ask themselves the question: how to draw up a petition? It should be remembered that this is not just a letter.

Important
The type of court case does not affect the particularities of drafting the paper. Documentation must comply with current regulations.

For a positive answer, a person needs to make a request with the help of competent, legally correct samples. The form of a formal request may change, however, some of the basic components are unchanged. Petition (sample) must contain the following data:

In the upper right corner, the name of the state body to which the petition of the compiler of the document is written is indicated.
Factual circumstances.
The essence of the problem.
Passport data.
Arguments proving the correctness of the applicant.
Links to normative-legal acts, allowing to satisfy the request.
Date of compilation and signature with transcript.

If you have any questions about the constituent elements, you can contact a professional. He will tell you how to write a petition correctly and answer the questions that have arisen.

What requests can be made

The possibility of expressing requests with the help of a petition in court is enshrined in a whole list of regulatory legal acts. To familiarize yourself with them, you need to study:

Code of Criminal Procedure of the Russian Federation;
APK RF;
Code of Civil Procedure of the Russian Federation.

The list of requests with which you can apply to the court with the help of a petition is extensive. A person has the ability to ask for:

adjournment of a trial;
providing the necessary documentation from different authorities;
appointment of an expert;
inviting the right people;
inviting witnesses to testify;
involvement of third parties in the case;
rehabilitation of the missed period;
replacement of the defendant;
clarifying or changing the requirements that were originally contained in the claim;
providing copies of documents.

The choice of article of law on which a formal request is based depends on the type of litigation. An application in court may be based on any rule. The main task of the paper is to satisfy the request. The chances of a positive response increase with the correct drafting of the document.

Did you know that you can find out online?

Design nuances

How to write a petition to the court? When compiling it, you need to take into account the basic rules. When writing a statement, it is not necessary to indicate references to laws. However, experts recommend referring to regulatory legal acts. This will confirm the arguments, and the refusal of the request will be unlikely.

Important
The request must be clearly stated. The official request should not contain phrases that have an ambiguous interpretation. It should be remembered that the application to the court must be prepared in 2 copies.

Features of writing a petition for encouragement

With the help of a petition, you can ask for an encouragement - the award of merit or a promotion. In order for a citizen to get what he expected, he must send the completed document to the management.

The form of the formal request depends on the organization. Usually, the responsibility for compiling is assigned to the employees of the personnel department, but they often shift it to the employees themselves. There is no guarantee that the manager will give the correct paper sample. For this reason, a person who wants to receive an incentive must independently familiarize himself with the finished version of the application. To figure out how to write a request for a promotion, a ready-made paper template will help. It must contain the following data:

address of the head of the organization;
description of the merits of the specialist;
characteristics of the employee;
essence of the request;
date and signature.

Before compiling a document, you should carefully study each item. The paper can be issued in free form, however, all its components must comply with the established rules.

How to write a petition to the court, sample

To correctly write a petition to the court, you need to familiarize yourself with the main nuances of writing it.

A petition written in the form of a letter is no different from classical paper. The only difference is that this type of document is sent to the recipient by mail

The list of issues that may be addressed by the letter is extensive. Usually, a formal request contains the following requests:

on the enrollment of the child in an educational institution;
about lending money;
on providing a specialist with incentives for certain services to the company.

If the document is sent by mail, the arguments can be given in free form. However, experts advise sticking to a formal writing style and following generally accepted standards:

the address must be placed at the top of the paper on the right;
the document must contain the address of the applicant and data for communication;
you need to indicate links to laws that are relevant at the moment.

Different organizations set their own requirements for the design of the letter. Deviating from them does not lead to failure, but observing the nuances will save time.

Selecting the right sample

If a person is thinking about how to write a petition to the court, a sample will make the task easier. However, not all versions of the document that can be found on the Internet comply with the established spelling rules. Before choosing, you must:

study the sample;
read links to laws;
check links for validity.

A lawyer can help you understand how to write a petition to the court. The petition is an important document. It depends on the correctness of the design whether it will be approved. To understand how to write a letter, study the sample well. It will help you figure out what data should be present in the paper.

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Some claims go to court. Their goal is to restore the rule of law. Others are drawn up for presentation at the place of work (for example, an offer for bonuses and awards). In this article, we will look at how to properly compose and write a petition.

Why is a petition required?

The skill of filing petitions may be required not only by lawyers who have to address them to different instances: to the judiciary, the prosecutor's office, as well as the preliminary investigation bodies, etc. It is in the form of a petition that a letter is written to the education department about providing a place for the child in a preschool institution, more precisely in a kindergarten. An appeal will also be needed to encourage a particularly distinguished employee or to remove a previously imposed penalty from an offender, but an employee who has already atoned for his guilt.

How to write a petition to the court

The form of appeal addressed to the court does not depend on the type of trial - whether it is a criminal case or a civil dispute, the petition is drawn up in compliance with the norms of the relevant branch of law.

It is best to contact lawyers with the question of how to draft and write a petition to the court. Details and components of the appeal remain unchanged regardless of its subject:

the name of the court;
data of the chairman of the court (or a specific judge, if you know him);
information about the applicant;
a description of the subject of the petition and the evidence base in favor of its satisfaction;
formation of put forward requirements to the defendant. These demands are in the form of a request to the judge;
the price of the claim is presented;
legal justification for the application (reference to legislation, by-laws and other sources of law);
date and signature of the applicant.

Attached are copies of all documentation that is attached to the application. A complete list is given.

How to file a petition for the head of the enterprise

Compared to a petition to the court, an appeal to the head of an organization does not have such strict requirements. That is, the appeal is submitted in free form, only the use of profanity is unacceptable. However, nevertheless, it is official, therefore it has certain signs of business correspondence.

So, in the header you need to indicate to whom exactly it is addressed and from whom:

Business name;
position of chief;
his full name;
the position of the submitter;
Name of the applicant.

The main text is a request to the leadership. It is not necessary to present a cash equivalent, only if this request is for payment.

A petition to a manager, for example, may be a request to reward an employee. In this case, the director himself determines the degree of bonuses.

The appeal to the head is certified by the signature of the applicant. After registration, the appeal is registered at the reception.

Important! Before making a petition, it is advisable to find a sample for writing in advance and study all the points - in the future this will help to avoid mistakes and the need for corrections.

To properly write a petition, it is better to contact experienced lawyers.

ATTENTION! Due to recent changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

It is not difficult to write and submit a petition to the court correctly. If we talk about the procedural requirements for this type of appeal, then they are minimal and allow a certain freedom of presentation of statements and requests. But something else is important - the effectiveness of the petition, that is, its ability to solve the tasks set. This is more difficult, and it involves compliance with a number of rules developed by legal and judicial practice, and not just strict adherence to the requirements of the law.

In litigation (civil, arbitration, criminal, administrative) various types and forms of appeals to the court or to the court are used. Each of them has its purpose, and one should not replace the other.

Petition - an official appeal with some specific request, which the court has the right and must resolve (satisfy or not satisfy). On the one hand, a petition is a statement, but it is distinguished not only by the statement of some position in the appeal, but also by the presence of a request.

As a rule, the procedural law used in accordance with the type of trial directly contains instructions in which cases a petition can be filed, and not some other form of appeal. This makes it easier to understand which and when process document to use.

There is no official classification for petitions. But in practice, it is customary to consider certain types of such appeals based on their purpose.

Among the most frequently used petitions are:

on summoning to court (interrogation) a witness, specialist, expert or other participant;
on the appointment of an examination;
on the attachment to the case of the submitted documents, materials, objects (evidence);
on the postponement of the court session (hearing);
on securing a claim;
on the demand for evidence;
on the removal of any of the participants in the process or the judge;
on the issuance of a private ruling on a specific issue.

In addition, it is customary to distinguish between oral and written petitions. Oral requests to the court are made in the course of the hearing (at the meeting) and are subject to entry into the minutes. Written ones have the form of a separate document or are set out, if it is permissible and appropriate, in the text of another appeal, for example, a statement or a claim. If the procedural law does not provide for a written form for a specific appeal to the court, it is permissible to file petitions orally. But it is believed that a written petition is more formal. It is always attached to the case exactly in the form in which it was received, and allows avoiding the distortion of the request and its justification, which occurs when an oral appeal is entered into the minutes of the court session. This, first of all, greatly facilitates the task when appealing against the decision (determination) of the court to refuse to satisfy the petition.

It is supposed to prepare a rather voluminous request, which cannot be limited to a couple of proposals.
The request will contain a motivational part, that is, the request must be well substantiated so that the court considers the request convincing and necessary for execution.
The alleged petition is controversial - there is a possibility that other participants in the process will be against its satisfaction, or the court may well refuse to do so, which means that, most likely, it will be necessary to appeal the refusal to a higher court.
A petition is both a statement and a request at the same time. In some cases, the procedural law directly prescribes the need to make written statements. Therefore, if the application is supplemented by a request, the written form simply cannot be avoided. Well, besides, this way the petition looks more serious, officially, like the appeal to the court itself.

Oral petitions, as a rule, are made in the course or at the end of the speech of a participant in the process. For example, it is logical to make a verbal request to call a certain witness if he, as follows from the speaker's speech, is able to confirm his words. They do the same when it is necessary to attach to the case some documents or other evidence that the speaker already has and can confirm what he said.

In legal practice, the application of a petition is often considered by lawyers (lawyers) as a tactic and part of the strategy for conducting a case. Hence - the exact calculation of the moment when you need to make a request and it is highly likely to be granted. Hence - the statement of petitions in the desired logical sequence with other decisions and actions in the course of the process.

We are talking about preparation when it is planned to make a written appeal. How to write a petition to the court depends on the purpose and expected results of the request.

There are a large number of samples (examples, templates) of applications in various areas. Ordinary people who are not familiar with legal subtleties, as a rule, use them to prepare appeals. This is convenient and simplifies the preparation of the document.

When choosing a sample, pay attention to the following points:

Process type. Choose a template that is used in a particular process - arbitration, civil, criminal, etc. The petition (text) must contain a reference to the article of the procedural law, which you are guided by when applying to the court. If you choose a model for a civil process, say, from an arbitration process, then the article indicated in the sample and, accordingly, in the prepared petition will be erroneous. Such a request will be denied on formal grounds.
Assignment of the petition. If we are talking, for example, about an examination - choose a petition for the appointment of an examination. Moreover, it is advisable to choose a sample for a specific examination, for example, an autotechnical examination of the circumstances of an accident or, say, a DNA examination.
Reliability, correctness and relevance. The content of the sample must correspond to the current state of the relevant procedural law. The easiest way is to focus on samples that directly indicate the year for which they are “working”. With reliability and correctness - it is more difficult. These parameters indicate the quality of the sample. To avoid problems, it is recommended to use large legal (legal) portals and sites for searching, trust trusted sources. Samples can be found on the websites of the courts, but such a source has two drawbacks - a small base of documents and their standard form, which requires serious revision for a specific case and a specific petition.

Below you can download some samples:

However, the petition can be prepared "from scratch". To do this, follow the following scheme:

We specify the request - what exactly do you want to ask the court.
We are looking for an article (norm) in the relevant procedural code that regulates the possibility of a participant in the process to make a specific request. For example, if you want to ask the court to appoint an examination and we are talking about a civil case, then we take the Code of Civil Procedure of the Russian Federation and turn to Art. 79 of the Code of Civil Procedure, which regulates the appointment of an examination and which will need to be referred to.
We determine the arguments in favor of satisfying the request - how, due to which you can convince the court to comply with it. Here it is necessary, again, to first turn to the norm of the relevant procedural law, study it and understand what needs to be referred to. In addition, among the arguments, one should indicate why the request should be fulfilled, what this will give and what consequences it will lead to. Arguments must be weighty and persuasive.
Compiling a document.

The document must have:

the name of the court;
applicant's data (full name / name, address, procedural status, contacts);
data on other participants in the process (plaintiffs, defendants, third parties);
number, brief description of the case;
a description of the circumstances of the case that gave rise to the request;
issues that you would like to focus the attention of the court on and which are related to the request;
the content (essence) of the petition (request), grounds for satisfaction and arguments in favor of satisfaction;
reference to the relevant article of the procedural law;
a clear wording of the request (several points are possible);
date and signature.

If the petition requires a serious motivational part and convincing justification, confirmations (evidence) are often attached to the petition, which will convince the court of the need to satisfy the request.

How to file a petition with the court depends on whether it is oral or written, as well as on the possibility of applying in one way or another.

Oral requests are addressed to the court in the course of a speech, a remark, or purposefully as a petition after the word provided by the court.

Written petitions are submitted to the court in the same way as other procedural documents:

If you are attending a trial, the petition can be submitted to the court clerk or delivered directly to the judge during the hearing when you are given the floor.
Applications that do not require a quick response can be sent by Russian Post by registered mail with notification.
If there is an electronic signature and technical feasibility, written documents can be sent electronically (GAS "Pravosudie" - courts of general jurisdiction, "My Arbiter" system - arbitration courts).

Any requests that need to be fulfilled as quickly as possible should be sent directly to the judge during the hearing or to the court clerk. Very urgent petitions are often better to be made orally, however, not to the detriment of a positive resolution of the appeal.