Lawsuit in court
Lawsuit proceedings in court are a type of proceedings in a civil process, which considers a dispute arising from civil, housing, land, family, labor relations. The existence of a dispute over civil rights determines another characteristic feature of this proceeding – the participation of two parties – the plaintiff and the defendant. Lawsuit production is the main type of production that has been inherent in the civil process for a long time. The importance of the claim is also due to the fact that all civil procedural rules that determine the general part of civil procedural law and the consideration of the case in stages extends to cases of claim proceedings. Cases of other proceedings (order and separate) are considered already under the general rules of claim proceedings, taking into account exceptions and additions defined by special rules on these proceedings.
The protection of rights in the court of general jurisdiction implies a thorough knowledge of the existing legislation. The more carefully prepared the materials on the case, the better presented your position on the case, the more chances to win, miscalculations in defense can lead to serious financial troubles. For the risks to be minimal, you need professional protection of interests in court.
Professional support in court is based on the extensive jurisprudence of our lawyers;
Our work is based on the principles of complete confidentiality;
Our company employs professionals in various branches of law, allowing us to offer you solutions for a wide range of issues related to various disputes;
Each client is different for us. We do not use ready-made solutions, but we rely on solid experience gained over the years of practice.
Written statements of the participants in the case
§ 1. Applications in fact – filing applications is in fact the right of the participants in the case.
§ 2. Statements on procedural matters
Types and content of statements in fact
Lawsuit. Types of documents
- Recall to claim (recall) response to a review;
- third-person explanations for a lawsuit or recall.
Lawsuits in court may begin on the basis of the application. In the statement of claim, the plaintiff outlines his claims regarding the subject matter of the dispute and their justification.
The claim is filed in writing and is signed by the plaintiff or his representative or another person who is legally given the right to go to court in the interests of another person.
The claim must include:
1) the name of the court of first instance to which the application is filed;
2) full name (for legal entities) or name (surname, name and middle name – for individuals) parties and other participants in the case, their location (for legal entities) or place of residence or residence (for individuals) , postcode, identification code of a legal entity in the Unified State Register of Enterprises and Organizations of Ukraine (for legal entities registered under Ukrainian law), as well as the registration number of the taxpayer’s account card (for individuals) if it is available or a series of passports for individuals the plaintiff is known), the numbers of communications, official e-mail and email address are known
3) indication of the price of the claim if the claim is subject to monetary evaluation; A reasonable calculation of the amounts recovered or contested;
4) The content of claims: the way (means) of protection of rights or interests provided by law or contract, or other way (methods) of protection of rights and interests, is not contrary to the law and which the plaintiff asks the court to determine in the decision; If the claim is filed against several defendants – the content of claims for each of them;
5) the circumstances by which the plaintiff substantiates his claims; Indications of evidence to support these circumstances;
6) information on the adoption of pre-trial settlement measures, if such measures were carried out, including if the law defines a mandatory pre-trial procedure for resolving the dispute;
7) Information on the enforcement of evidence or claim measures prior to filing a claim, if any;
8) a list of documents and other evidence attached to the statement; Indication of evidence that cannot be presented with a claim (if available); Indications that the plaintiff or other person has original written or electronic evidence, copies of which are added to the statement;
9) preliminary (indicative) calculation of the amount of legal expenses incurred by the plaintiff and which he expects to incur in connection with the case;
10) the plaintiff’s confirmation that they are not represented by another claim (claims) against the same defendant (defendants) with the same subject and on the same grounds.
If a claim is filed by a person exempt from the court fee in accordance with the law, it indicates the grounds for exempting the plaintiff from the court fee.
If a claim is brought by a person who is legally entitled to go to court in the interests of another person, the application should indicate the grounds for such treatment.
The claim may include other information necessary to resolve the dispute correctly.
The lawsuit also provides for the possibility of a recall to the claim.In the review, the defendant expresses objections to the claim. The review is signed by the defendant or his representative. The review should include:
1) the name (name) of the plaintiff and the case number;
2) full name (for legal entities) or name (surname, name and middle name for individuals) of the defendant, his whereabouts (for legal entities) or place of residence or residence (for individuals), postcode, identification code of a legal entity in the Single State Register of Enterprises and Organizations of Ukraine (for legal entities registered under Ukrainian law), registration number of the taxpayer’s account card (for individuals) if it is available or a number and a series of passports for individuals , communication numbers, official email address and email address, if available;
3) in the case of full or partial recognition of claims – claims recognized by the defendant;
4) circumstances that are recognized by the defendant, as well as a legal assessment of the circumstances provided by the plaintiff, with which the defendant agrees;
5) objections (if there are) any circumstances and legal grounds of the claim given by the plaintiff, with which the defendant disagrees with reference to the relevant evidence and the rule of law;
6) a list of documents and other evidence attached to the recall and indications of documents and evidence that cannot be submitted together with the recall, indicating the reasons for their failure to submit;
7) objections (if available) to the amount of legal costs claimed by the plaintiff, the plaintiff incurred and expects to incur before the end of the case on the merits;
8) preliminary (indicative) calculation of the amount of legal expenses, the defendant incurred and which expects to be incurred in connection with the case.
Responding to a review
In the response to the recall, the plaintiff outlines his explanations, arguments and arguments regarding the defendant’s objections in the recall and the reasons for their confession or rejection. The response to the recall is signed by the plaintiff or his representative. The response to the review is submitted on time set by the court. The court must set a deadline for a review response that would allow the plaintiff to prepare his views, arguments and relevant evidence, for other parties to the case to receive a response to the review in advance of the merits of the case, and for the defendant to submit objections well in advance of the case.
Claim proceedings also provide an opportunity to present objections. In the objection, the defendant sets out his explanations, arguments and arguments regarding the plaintiff’s response to the recall of explanations, arguments and arguments and the reasons for their confession or rejection. The objection is signed by the defendant or his representative.
Objections are filed within the court’s deadline. The court must set a deadline for filing an objection that would allow the other parties to the case to obtain a denial well in advance of the merits of the case.
Third-person explanations on a lawsuit or recall
In the explanations of the third person on the claim or recall of a third party who does not make independent claims regarding the subject of the dispute, he sets out his arguments and considerations in support or objection to the claim. Third party explanations are signed by a third party or its representative.
Third-person explanations are submitted within the court’s deadline. The court should establish a time limit that would allow a third party to prepare his thoughts, arguments and relevant evidence and provide explanations for the claim or recall, and for other participants in the case to receive a response to such explanations well in advance of the merits of the case.
Statements on procedural matters
In the court’s case, the participants of the case state their claims, objections, arguments, explanations, arguments about procedural issues in statements and motions, as well as objections to applications and motions.
Applications, motions and objections are filed in writing or orally in the proceedings. In cases defined by the Code, applications and petitions are submitted only in writing.
Applications, motions and objections are filed and considered in accordance with the Code. In cases where the Code does not establish such an order – it is established by the court.
General requirements for the form and content of a written statement, petitions, objections
1) the full name (for legal entities) or the name (surname, name and middle name) (for individuals) of the person applying or applying or objecting to them, his whereabouts (for legal entities) or residence or residence (for individuals), the identification code of a legal entity in the Single State Register of Enterprises and Organizations of Ukraine (for legal entities registered under Ukrainian law);
2) The name of the court in which it is filed;
3) the number of the case, the surname and the initials of the judge (judges) if the application (petition, objections) is submitted after the decision to open proceedings in the case;
4) the content of the matter to be considered by the court and the applicant’s requests;
5) grounds of application (petitions, objections)
6) a list of documents and other evidence attached to the statement (petition, objection)
7) other information that this Code requires.
The requirement to specify in the statement in essence, complaint, statement, petition or objection the identification code of a legal entity in the Single State Register of Enterprises and Organizations of Ukraine applies only to legal entities registered under Ukrainian law. A foreign legal entity submits a document that is proof of its legal personality under the relevant foreign law (registration certificate, extract from the trade registry).
Written application, petition or objection is signed by the applicant or his representative. The participant of the case has the right to attach in the lawsuit proceedings to the written application, the petition of the draft order, which he asks the court to make. The court, having established that the written application (petition, denial) was filed without compliance with the requirements of part one or the second of this article, returns it to the applicant without consideration.