What documents are attached to the claim
Requirements for filing a claim in an arbitration court and a court of general jurisdiction may differ slightly from each other, although the basic principles are usually the same. Failure to comply with the requirements for filing a claim may be grounds for leaving the claim without motion, until the violations are completely eliminated, or a determination is made in refusing to accept the claim for consideration.
The Arbitration Procedure Code provides a complete list of documents that must accompany a claim in court. So, this is the statement itself, issued in the prescribed manner, confirming notifications, sending copies of the statement of claim and its annexes to all parties involved. Documents confirming attempts to pre-trial settlement of the dispute. Payment document indicating the payment of state duty (payment receipt or payment order with a bank mark).
Organizational and legal (constituent) documents of the parties to the dispute.Documents that are the basis for the trial and are evidence in the case. The petition can be applied to all sorts of petitions for the imposition of interim measures, deferment of payment of state fees, summoning witnesses, etc. The arbitration court deals with economic disputes between persons engaged in commercial activities, disputes between the tax and the taxpayer, a legal entity and an individual entrepreneur, as well as the conduct of bankruptcy proceedings.
Given that the courts of general jurisdiction are considering different disputes, it is very difficult to form a single list of documents. The duly executed claim statement remains unchanged, a document confirming payment of the state duty for examining the claim statement and documents in support of the stated requirements.
If this is a labor dispute, then you must provide a work record, an employment contract, a certificate on the calculation of debt (if we are talking about the payment of wages). If the claim is related to the dissolution of the marriage and the division of property,This includes legal title documents and supporting documents for jointly acquired property, marriage certificate, child birth certificate (if there is a requirement to determine the child’s place of residence and payment of alimony), etc.
The claim is submitted only in writing. It must include: the name of the court to which the application is submitted, the data of the claimant and his place of residence, if the claimant is a legal entity, then the legal and actual address is indicated. Data (name or name) of the respondent of his place of residence or location. The statement must specify its essence, i.e. what is it about List the rationale for the requirements with reference to documentary evidence or testimony. To calculate the claims, if the claim provides for the recovery of funds. If the application is submitted by a representative by proxy, then a copy of the representative’s power of attorney must be attached.
Date: 09.10.2018, 09:26 / Views: 73264
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