How to file a petition with a court
How to file a petition with a court
One of the rights that the parties are entitled to in the judicial process is the application of motions. They can relate to a variety of issues that arise during the consideration of a case.
What is a petition?
A petition is a petition submitted to a courtto perform certain procedural actions. Applications can be made by both parties to the case, as well as by other participants in the judicial process. Petitions are presented in written and oral forms. You can apply for a petition before the court session, by submitting it through the office of the court, or during the hearing of the case. What can a petition concern
Petitions can be claimed for a variety ofissues relating to the progress of the case in court. For example, if additional materials need to be added to the case, the party applies to the court with a corresponding petition. On the petition of one of the parties, the case is assigned an examination. Petitions are also filed when it is necessary to postpone the hearing or suspend the proceedings. When deciding whether to grant a petition, the court must listen to the opinion of other participants in the process. As a result of consideration of the application, the court can make a separate determination. For example, the plaintiff filed a petition with the court to replace the improper defendant. In case of its satisfaction, the court issues a definition, according to which the new party enters the case. How to apply
A written application is made in the followingway. In the "cap" of the document, the court, the judge, the case number, as well as the participant in the process submitting the petition are indicated. In the title of the petition, several words describe its essence. For example: "Application for the attachment of documents to the case file." In the main part of the application, the circumstances prompting him to address him are described in concise form. If the petition relates to the appointment of an expert examination, then it should indicate the issues that the party wants to put to the expert's consideration. In addition, the petition may contain a reference to the legal norms that govern the party when filing it. The conclusion of the application must contain a request for the commission of certain actions. The petition must be signed by an authorized person. If it is submitted by a representative, then a copy of the power of attorney must be attached to the petition (except when it is already in the case file). The person who applies for the petition has the right to attach copies of certain documents to it. In this case, their list is also included in the petition. If there are a lot of documents, then the total number of sheets in them is indicated in the petition.
