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Preparation of conductive documents to commercial courts and courts of general jurisdiction is a step towards achieving the goal!

In order to successfully resolve a dispute in court, first you must conduct a legal examination of primary documentation, identify the possibility of resolving the dispute in court and send a claim / petition for adjudication of acts illegal to the right judicial authority. Often, failing to correctly execute documents and collect necessary evidence lead to a loss in trial or a delay in legal proceedings. Need to prepare documents on behalf of your organization in a short time? Lawyers Law & Wise will render you competent assistance!

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List of required documents for going to court

If we analyze the modern civil procedural legislation and Arbitrazh procedure code, we can understand that the legislator has different requirements for the package of documents to be sent to a commercial court or a court of general jurisdiction:

  • The commercial court requires that along with the application, to enclose evidence that a copy of the claim with the attachments was sent to the persons (participants of the conflict situation), in most cases with attachment of documents confirming compliance with the pre-trial dispute resolution procedure.
  • To apply to the courts of general jurisdiction, the plaintiff sends a claim with the number of copies equal to the number of persons participating in the case, straight to the appropriate judicial authority.

Often, at the stage of independent preparation of conductive documents, people make certain mistakes, which often lead to the court refusing to initiate a case. The complaint of the plaintiff is not considered, and sometimes even dismissed. It is simple to avoid such a situation - you need to ask help from the Law & Wise experts, who:

  • conduct a legal examination of documents that confirm the right to file a claim;
  • collect the necessary documents confirming the origin of a dispute (subject and cause of action);
  • assist to collect other necessary documentation, especially if the immediate party of the lawsuit is the tax authorities or other government agencies;
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Why is the help of a lawyer so important at the stage of filing documents with the court?

It is not easy to prepare unassisted the entire package of documents for appeal to the court. For this reason, turning to experienced Law & Wise lawyers is a real opportunity for a legal entity to get rid of paperwork.

To avoid the client’s possible loss of a case in a commercial court or court of general jurisdiction, our team will:

Analyze all the facts and nuances of the case, after which will develop a competent case resolution strategy.

Find irrefutable arguments and evidence of the client’s position in the dispute and reasonably state them in the claim.

Prepare the necessary petitions, objections and written explanations to achieve success in legal proceedings in favor of the client.

Judical practices and cases

QUESTION-ANSWER

In which case the commercial court makes a decision to leave the complaint without action?

See the answer

The commercial court makes a decision to leave the claim without action if it determines that the claim was filed with violations of the requirements specified in Art. 125 of the APC RF, which relate to the form and content of the application. The court will not consider the application without conductive documents attached. If the plaintiff does not eliminate the revealed defects within the period established by the legislation, the commercial court representatives will return the claim and the package of conductive documents.

Can I state my requirements if the limitation period is missing?

See the answer

There are a number of legal relations that are not covered by the concept of limitation. A limited list of such exceptions is stipulated in Art. 208 of the Civil Code. For example, the requirements of depositors to banks for the issuance of deposits.

One should keep in mind that the court can restore the missed limitation period if there are valid reasons. It is also necessary to take into account that the judge is not free to apply the article on the omission of the limitation period, unless the other party has stated this.

In addition, there is the possibility of cessation of the limitation period. For example, according to Art. 203 of the Civil Code of the Russian Federation, in the event that an obligated person commits actions testifying to the recognition of debt, the limitation period is interrupted and after the interruption begins to run anew, and the time elapsed before the interruption of the limitation period is not counted in the new term.

What do you need to specify in the lawsuit to be accepted in court?

See the answer

The requirement for the form and content of the claim submitted to the commercial court and the court of general jurisdiction are established in Art. 125 APC RF, Art. 131 Code of Civil Procedure of the Russian Federation, the list of documents attached to the claim are specified in Art. 126 APC RF, Art. 132 GIC RF.

How can you withdraw a lawsuit?

See the answer

The procedural law gives the applicant the right to withdraw the claim or submit a waiver at any stage of the legal process (Article 39 of the Code of Civil Procedure of the Russian Federation, Article 49 of the APC of the Russian Federation). However, the sooner you decide on the waiver, the easier it will be for you. If the court hearing has not yet taken place, it is necessary to draw up, submit to the court a waiver of a previously filed lawsuit, and receive a relevant ruling. Otherwise, you will have to apply for a waiver of the claim, report it at the court hearing and, as a result, obtain the relevant judicial act.

Can one file a lawsuit via the Internet?

See the answer

Yes, it is possible. It is possible to file a claim, response, objections and other procedural documents using the services of GAS Justice (https://ej.sudrf.ru/) for the courts of general jurisdiction and My Arbitrator (https://my.arbitr.ru /) for commercial courts.

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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Aliev Elman
Lawyer
Law & Wise legal services in Moscow info@lwise.pro 2 Entuziastov Boulevard,
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