Application for clarification of claims in civil proceedings in accordance with Article 39 of the Code of Civil Procedure of the Russian Federation: sample

Sample petition to supplement claims

After filing a claim, the defendant may send a response to the court, which contains objections to the claims.
A situation may arise when the initial review does not contain all the information, and the review must be supplemented. In this case, the defendant has the right to submit additions to the previously sent response. Here is a sample of this document. Thus, the plaintiff may submit to the court both additions to the claim and other documents, in particular, a petition to supplement the claims. The defendant has the opportunity to submit a response to the claim, or additions to the previously filed response.

In judicial practice, there are often cases when some changes need to be made to a statement of claim that has already been accepted for consideration. Well, for example, if during the consideration additional information appeared, or the subject of the dispute itself changed. Therefore, it must be understood that filing a petition by the applicant does not deprive him of the opportunity to provide additional information to the court.

What can be changed?

As part of an application for amendments to the claim, the plaintiff may make clarifying amendments to the original statement of claim. The changes must comply with Article 39 of the Code of Civil Procedure of the Russian Federation, which allows the plaintiff to change:

1. Amount of claims;
2. Add the pleading part;
3. Change the subject of the claim, while maintaining the previous grounds;
4. Change the grounds, while maintaining the subject of the claim;
5. Refuse the requirements (partially or completely);
6. Change the motivating part of the claim.

Info

It is worth understanding that not all of these changes can be made at once. Let's consider various types of changes and possible prerequisites that could prompt the plaintiff to file an application to change the claims. Of course, the application undergoes a preliminary check and may not be accepted by the court if errors were made in its preparation.

What is an amendment to a claim in civil and arbitration proceedings under the Civil Procedure Code and the Arbitration Procedure Code of the Russian Federation?

In accordance with Articles 39 of the Civil Procedure Code of the Russian Federation and 49 of the Arbitration Procedure Code of the Russian Federation, the plaintiff can reduce or increase the size of the claim brought, change its subject or basis. In arbitration and civil proceedings, a petition to clarify a claim is a written request to the court in which the plaintiff asks to consider an amended previously filed application with supplemented requirements.

If the proposed change is clearly stated, it must be classified as one of the following 3 types of clarification used in such statements. The petition can be drawn up on the basis of any of the specified types of additions. In both arbitration and civil proceedings, the essence of these concepts is no different.

1. A change in subject matter is a replacement of the substantive requirements indicated in the claim and presented to the defendant (for example, the plaintiff refuses to allocate a share and asks for compensation for its value).
2. Change of grounds - replacement of circumstances and facts referred to by the plaintiff in the petition, confirming the legitimacy of his own stated claims against the defendant (for example, the fact of unauthorized occupation of the site).
3. Changing the amount of claims - clarifying and adjusting the amount of collection. In this case, the subject and basis of the claim remain unchanged (for example, an increase in the amount recovered due to clarification of the circumstances of the case).

Reference.
According to articles

35 Code of Civil Procedure of the Russian Federation

And

41 Arbitration Procedure Code of the Russian Federation

, both the plaintiff and the defendant have their own procedural powers.

Participants in the trial can study the case materials, not only keep abreast of events, but also express their opinions on issues of interest to them that arise during court hearings in the prescribed manner, that is, in a special document.

How to write an updated statement of claim in accordance with the Civil Procedure Code (sample)

An amended statement of claim is a form of amending the filed statement of claim. To avoid difficulties when filling out this document and not to miss important points, all interested parties are recommended to familiarize themselves with the contents of this article.

In accordance with Part 1 of Art. 39 of the Code of Civil Procedure of the Russian Federation, citizens who have filed a statement of claim with the judicial authorities have the right to amend it in terms of the subject or basis of the claim, as well as reducing or increasing the amount of claims. Procedurally, this right is exercised by drawing up an updated statement of claim.

Additions - are they always appropriate?

Addendums to a statement of claim in court (in civil proceedings or in an arbitration court) are special documentation. These additions as such are not regulated by procedural legislation and special requirements, therefore, in order to use them during the proceedings, certain features must be taken into account.

The Laws (Article 35 of the Civil Procedure Code of the Russian Federation; Article 41 of the Arbitration Procedure Code of the Russian Federation) indicate cases when it is permitted to submit additional information about the circumstances of the case. Why are additions to the statement of claim necessary? The need for this arises due to the fact that the protocol does not always include the full amount of information, everything that the parties to the process would like to discuss with each other. Therefore, the plaintiff has the right to more clearly define his position. To do this, an addition to the claim is submitted, which may indicate:

• Additional information that was not specified in the statement of claim;
• Response to the defendant’s response to the case under consideration;
• Clarification of requirements, changes in their size upward or downward, refusal (full or partial) of requirements in any part;
• Analysis of expert opinions;
• Request to change the status of a participant in the process;
• Objections to the defendant’s arguments presented;
• Other reviews, claims, information submitted by the plaintiff to clarify previously stated claims.

The same form is also used in the execution of the plaintiff’s special administrative rights regulated by Art. 39 Code of Civil Procedure of the Russian Federation and Art. 49 Arbitration Procedure Code of the Russian Federation.

In terms of evidence, it is permissible to supplement the petition at any time during the preparation or consideration of the case.

Important! Replacing the basis of the claim and the subject of the dispute is unacceptable in one document: this will be a completely new claim, which will be considered in a separate trial. In such a case, it would be correct to clarify the claim step by step: first write about the change in the subject of the dispute, and only then - the grounds.

• Additional arguments - such an addition is usually sent before the petition is accepted for proceedings (that is, when the statement of claim has already been accepted). This is necessary if some evidence was not taken into account when drawing up the claim. True, most often such a need arises after the defendant provides a response (objection). This is when the petition needs to be supplemented.
• Clarification of claims in the lawsuit. This may include: a change in the amount of damage caused, a change in the wording of the claim, which is based on the same rule of law. Clarification of the claims in the claim is usually combined with additional arguments into one document.
• Analysis of expert findings, testimony of persons participating in the process. In the event that questions and answers are incorrectly recorded in the minutes of the court session, it is necessary to provide comments to the minutes. All this needs to be filed as an addendum as quickly as possible so that the court has enough time to study it.

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You are not right. Division of property is the subject of a claim, a claim. The substantive basis for the claim is the plaintiff’s will for division and the norms of the RF IC (Civil Code). Changes in the composition of the divided property mean a change in the subject of the claim and an increase in the amount of the claim. The real estate itself is a material object or the material subject of a claim, but in no case is the subject of a claim in the procedural sense.

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As I understand it, the subject of the claim is still the division of specific property. Question. BZ files a claim against BM claim1 was about the division of apartment No. 1 at the price of C1, with the price of the claim C1/2 (filed on date D1). then a claim 2 appeared for the division of apartment No. 2 at the price Ts2 and No. 3 at the price No. 3 with the claim price (Ts2 + Ts3) / 2 (filed with the date D2, which is later than D1) the third claim 3 declared the division of apartment No. 4 at the price Ts4 with the price claim C4/2 (date of filing D3) At this time, BM, on a date between D1 and D2, with another magistrate, files a claim against BZ for the division of apartments No. 2 and 3 (he does not know about the filing of claim 1, since claim 1 was left without movement). his claim was accepted for proceedings with a filing date earlier than D2 but later than D1. Whose claim is BM or BZ and to what extent will it be considered? The message was edited by Elizaveta Timofeeva: February 18, 2007 - 17:13

Grounds and procedure for drawing up an application to supplement claims

The plaintiff in the case has various procedural rights related to the possibility of changing the claims. The list of such rights is reflected in Art. 39 Code of Civil Procedure of the Russian Federation or Art. 49 of the Arbitration Procedure Code of the Russian Federation (depending on the type of legal proceedings - civil or administrative). In particular, it is possible to change both the basis and the subject of the statement of claim (but only separately from each other), reduce or increase the requirements.

In this case, it is necessary to proceed from the following rules:

1. It is not allowed to change the subject and basis of the claim at the same time. This is due to the fact that with a simultaneous change, all legally significant circumstances of the case change, and accordingly, one claim turns into a completely different one.
2. Changing the requirements, their clarification, addition, increase or decrease is allowed only after the court has accepted the claim for proceedings.
3. The given procedural actions must be justified, i.e. The plaintiff must formulate the reason for changing the requirements and attach evidence to support the new requirements.

The application for addition of claims must contain the following data:

1. Court name and case number.
2. Information about the parties to the process.
3. Title of the document.
4. Information about the changed requirements and justification for the changes.
5. Request for change and formulation of new requirements.
6. Signature and date.

Below is a sample application to supplement the claims.

When the application has already been submitted to the court, it happens that during the hearing the plaintiff learns about new circumstances or he becomes aware of information that he did not take into account when drawing up the statement of claim. The basis for clarifying the requirements may be:

• the need to correct typos and data errors;
• changes in date, details;
• clarification of additional significant circumstances and information in addition to those that prompted the plaintiff to go to court.

In this regard, the applicant needs to clarify the initial requirements and supplement them. To do this, he needs to adjust the statement of claim. The legislation of the Russian Federation determines the right of the plaintiff to change the requirements set out in the lawsuit by Articles 39 of the Civil Procedure Code of the Russian Federation and 49 of the Arbitration Procedure Code of the Russian Federation.

Code of Civil Procedure of the Russian Federation Article 39. Change of claim, refusal of claim, recognition of claim, settlement agreement

1. The plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to admit the claim, and the parties can end the case with an amicable agreement.
2. The court does not accept the plaintiff’s refusal of the claim, the defendant’s recognition of the claim, and does not approve a settlement agreement between the parties if this is contrary to the law or violates the rights and legitimate interests of other persons.
3. If the basis or subject of the claim changes, or the amount of the claim increases, the period for consideration of the case provided for by this Code begins from the day the corresponding procedural action was performed.

When to contact

• By personal transfer;
• Entrust the filing to a representative by registering a power of attorney with a notary;
• Via postal service;
• By sending by email (if available);
• Through your personal account on the official website of the judicial authority.

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Who is eligible to apply

Important! A certain period passes before the day when the required amount is paid, and, as a result, the amount of the claim changes. Circumstances may change, resulting in the need to change requirements, either upward or downward.

• personally;
• through a representative (with a notarized power of attorney);
• using Russian postal services;
• to the email address of the judicial department (if available);
• in your personal account on the official website of the court department.

When a request for an increase in the price of the claim is not accepted, it is recommended to withdraw the previous original claim and file a new one. Following these steps will allow you to receive money faster. However, if the financial side of the issue is not so significant for the applicant, then the court’s decision to refuse can be appealed to a higher authority.

Filing a petition to the court to increase the amount of claims

• name of the court;
• address of its location;
• court proceedings number;
• surname, name, patronymic of the plaintiff;
• his registered address;
• surname, name, patronymic of the defendant;
• his registered address;
• additional amount of state duty.

to recover from the Closed Joint Stock Company “Construction Management No. 155” in favor of ________________ the funds paid in pursuance of the Agreement on shared participation in the construction of a parking garage dated __________ No. ______G-I, in the amount of ____________ rubles;

The plaintiff filed demands to recover money from the defendant in the amount of _________ rubles. as of 09/01/2021, as well as a fine for failure to voluntarily satisfy consumer requirements in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

Petition Application to increase claims 2021

Due to the fact that the funds paid in pursuance of the Agreement on shared participation in the construction of a parking garage dated March 31, 2008 No. ___________, in the amount of ___________ rubles, have not yet been paid to the plaintiff, the plaintiff in accordance with Part 1 of Art. 39 of the Code of Civil Procedure of the Russian Federation increases the amount of claims.

The loan agreement stipulates weekly interest, the proceedings from the date of filing the claim last 2 months, after the court decision is made, can I ask for an increase in the amount of the claims due to the fact that 2 months have already passed since the date of filing the claim, and interest has accrued in accordance with the agreement loan?

Sample petition to supplement claims

An application to supplement the claim can only be submitted in writing in accordance with the general rules established for the preparation of documents addressed to the court. It is necessary to indicate in full the name of the organization to which the application is being submitted, and indicate the name and details of the civil case. Its description must include:

• number;
• the essence of the requirements;
• Full name of the plaintiff and defendant.

All additions given in the petition must be compared with the requirements specified in the original statement of claim.

Like any statement of claim, a petition to add claims is made up of three main parts:

1. introductory;
2. descriptive;
3. resolutive.

• In the introductory part it is necessary to indicate strictly in order:
  1. Name of the court receiving the appeal (available on the official website of the court).

  Information about the plaintiff and defendant: their full names, telephone numbers, residential addresses, etc.

• Case number.
• It is advisable, but not mandatory, to indicate the cost of the claim.

In the middle of the next line they write: “Statement to clarify the claims.”

• In the descriptive part, it is necessary to stipulate the circumstances on the basis of which clarifications are put forward to the original statement of claim (for example, the requirement to terminate the purchase and sale agreement must be replaced with recognition of the purchase and sale agreement as not concluded).
  The Civil Procedure Code does not oblige the plaintiff to indicate the reasons why he changes the requirements (for example, errors were made when drawing up the claim). However, you can do this if you wish.
• The operative part indicates the essence of the petition. What the plaintiff declares or asks for (for example, to recognize the purchase and sale agreement as not concluded). It is customary to begin it with the words “Please accept the clarification of the claims.”

At the very beginning of the statement, you need to indicate links to the evidence base. The legal basis for the claim must be indicated. Arguments are required on the basis of which the court considers the claims to be legal and fair and decides to make changes (for example, Article 39 of the Code of Civil Procedure of the Russian Federation or Article 49 of the Code of Arbitration Procedure of the Russian Federation).

Next, the plaintiff or his representative reports in the petition the requirements that he wants to clarify and the newly stated ones. After listing the additions, a list of attachments to the petition is provided. If the amount of the claim is recalculated, a written calculation must be drawn up and submitted to the court.

The legislation does not provide for a special form for such a statement, however, it must clearly state the essence of your claims to change one or more elements.

The completed petition is certified in person by the author or his legal representative, who acts by proxy. The date the application was written is indicated next to it. If the document is sent by an organization, you must indicate its full name and affix its corporate seal.

There is no need to rewrite the original claim. An addition to the application is a document that changes the main application.

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Attention! If you change both the grounds and the subject, that is, completely change the initial stated requirements, you will get a new claim. It cannot be sued to replace the existing one.

When is it necessary to change claims?

Along with the term “change of claims,” you can often hear the phrase “clarification of claims.” The Code of Civil Procedure of the Russian Federation does not operate with this concept, but it is actively used by law enforcement officials, including the courts. In our article we will use them as synonyms.

This can happen both due to errors or inaccuracies, and due to some changes in circumstances during the consideration of the case.

Note! Changes to claims are made only by the plaintiff in the court case or his representative. Other persons participating in the process do not have this right.

In this case, filing such an application leads to 2 options for changing the original claim:

• To change the grounds, that is, the reasons that prompted the plaintiff (applicant) to apply to the court to protect their interests. In this case, the plaintiff has the right to add new circumstances to the case or change them completely.
• Changing the subject of the claim, that is, replacing the subject of recovery or object, increasing or decreasing the claims, or changing the recovery mechanism.

Citizen Terentyev filed a lawsuit against citizen Vasiliev to collect the amount of debt under the loan agreement and interest for using the loan until July 1, 2019. However, for a number of reasons, the trial lasted until October 2019.

The plaintiff decided to collect additional interest from the defendant for the period until 10/01/2019. To do this, he needs to submit an application to clarify the amount of the claim.

Submitting an application

Conventionally, the following steps can be identified when submitting a document with additions to the court in a civil proceeding or arbitration hearing:

• Drawing up the document itself: its details must completely coincide with the details of the main application. Therefore, in order to avoid mistakes, it is recommended to take the accepted statement of claim as a sample. The document must describe all changes made, justified by arguments. It would be better if this document is prepared and written by a qualified lawyer;
• At the court hearing, file a motion to add new materials to the case;
• If the adjustment of the essence of the claims in the claim is associated with an increase in the amount of damage caused and recovered from the defendant, then the plaintiff will need to pay an additional state fee. A reduction in the cost of damage, on the contrary, will lead to the plaintiff being refunded part of the previously paid fee.

After the plaintiff makes clarifications to the claims in the lawsuit, the hearing of the case will begin anew: witnesses and experts will be questioned again, and evidence will be studied.

After drawing up an updated petition, a copy of the original claim and the entire package of documents is sent to the court, which is considering the original claim. Usually this is the court whose territorial jurisdiction includes the plaintiff. The secretary registers the documents and attaches them to the file. After this, they will be considered at the next meeting.

The plaintiff himself or his legal representative (if he has a notarized power of attorney) can register a petition to amend the claim in the court office. You can send this document by registered mail, ordering a return receipt, or submit such an application during the meeting.

It is permissible to send a petition electronically through the official website of the court. Documents must be attached to it in electronic form. For arbitration processes, documents are secured with an enhanced qualified electronic signature. When submitting documents to a court of general jurisdiction, you do not need to put a digital signature on them.

When can I submit?

A motion with additions can be made at any time while the trial is ongoing. There are no restrictions provided by the Law on the number of such applications. The plaintiff can change the claims many times if necessary.

Important! It is necessary to clarify the claim data in a timely manner. This must be done before the court announces the operative part of its decision. After this, it will be problematic to challenge the judicial act.

At the same time as submitting the application, the following documents must be attached to it:

• Copies of the application (petition) for each of the participants in the process.
• A power of attorney certified by a notary for a representative, if the application is submitted by him on behalf of the plaintiff.
• Copies of contracts and other papers related to the case, if they are not attached (including for defendants and third parties), additional evidence.
• If the amount of the claim specified in the original statement of claim has been recalculated, then the corresponding calculations must be attached to the documents. They can be completed either in the text of the application or provided as a separate document.
• Receipt for payment of an additional fee if the amount of the claim has increased.

In Art. 35 of the Civil Procedure Code of the Russian Federation and 41 of the Arbitration Procedure Code of the Russian Federation stipulate that participants in the trial (not only the plaintiff, but also the defendant and third parties) have various procedural powers.

In particular, they can familiarize themselves with the materials of the civil case, present evidence, and give explanations to the court both orally and in writing.

The right to file amendments to the claim does not appear in these rules.

Thus, the right to submit additions to the claim is not directly stated in the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, however, this document can be classified as an explanation that the plaintiff has the right to present to the court in writing. In explanations (or additions), the plaintiff has the right to:

1. Provide additional arguments in favor of your position on the case.
2. Provide a response to the response submitted by the respondent.
3. Submit a request to clarify, increase, or decrease the requirements.
4. Evaluate the evidence collected in the case.
5. Express an opinion on any issue related to the consideration of the case.

Clarification of the statement of claim: types

The law provides for several types of clarification of the requirements for a claim. It is worth considering them in more detail.

1. Minor corrections that relate to typos, changes in details, links to legal acts, and so on. This type also includes the exclusion of a requirement. Then it is allowed to leave the general text of the claim, but indicate in the new document that “read in the following edition” or “exclude paragraph from the claims...”.
2. The presence of significant changes requires a change in the text of the statement of claim. Then it is necessary to draw up a new requirement and attach it, indicating that the previous version of the document is considered invalid. However, you can add items by making a note accordingly. It is important that the logical structure of the requirements remains.

Lawyers argue that the second option is always preferable, as this eliminates the possibility of errors occurring during the judge’s examination of documents. This will also allow you to further study the legal framework and indicate new regulations to justify your position.

An employee of the court office enters information about the clarification of the claim

Important! The Code of Civil Procedure of the Russian Federation does not contain an imperative form of what the clarification of requirements should be correctly called. This means that it can be a statement or a petition.

It is necessary to understand that clarifications are an official document that is sent to the court. The reasons for its preparation may be different, and it is not necessary to indicate them. For example, the plaintiff decided that he had demanded too much and decided to reduce his demands. There are several reasons for granting this request:

• insufficient justification of the requirements presented;
• changing requirements;
• presence of errors in the source document;
• discrepancy between the amount of recovery and the information contained in the case materials.

It is allowed to change the requirements or the subject of the claim. For example, several offenses were committed that are reflected in the requirements. However, some parties came to an amicable agreement. Then it is necessary to change the subject of the claim. The settlement agreement should be attached so that the judge understands that the issue has really been settled.

Clarification of claims - sample

It is worth considering in more detail how it is necessary to fill out the clarification to the claim so that the court office staff accepts everything the first time. If you have no experience in writing such documents, you can contact practicing lawyers. They are always ready to provide the necessary assistance for a small fee. This is what the petition should look like:

• in the upper right corner you must indicate the full name of the judge and the plaintiff;
• the serial number of the clarification and, if possible, its brief essence;
• if only one requirement changes, it is recommended to indicate that everything else remains unchanged;
• date, signature and description of attached documents.

If a new claim is made, it is better to draw up a new claim, since it is necessary to justify it legally. If you bring it forward as a separate claim, then the likelihood of a favorable outcome will decrease. Moreover, the trial itself will drag on over time.

Sample clarification of claims

Important! If the plaintiff makes new property claims, he is obliged to make an additional payment of state duty. Then, along with the application, he must provide another payment receipt. In this case, it is possible to pay after receiving a court decision. In some cases, the law provides for the possibility of payment within 10 days after receiving the decision in hand. In this case, lack of payment is considered grounds for transferring the case to bailiffs.

An important feature of recovery through bailiffs is an increase in the amount by 7%. The fact is that FSSP employees, along with the debt, also collect an enforcement fee. Their salary is based on it. Thus, it is recommended to pay the entire amount yourself to save money.

All procedural rules must be followed. That is, a copy of the appeal must be sent by mail to the defendant. It is important that the shipment takes place at the place of registration. It is worth noting that the law allows for changes to be made several times. A court clerk cannot refuse to accept a new document. It is important that it is provided in a timely manner. However, if the parties have entered into an amicable agreement, it is possible to withdraw the claim.

You can .

Sample petition to supplement claims

Samples of the correct execution of documents for each of the possible additions can be found on the Internet. The main thing to remember here is that writing such a petition is allowed at any stage of the legal process, but until the decision on the case is made. And what is important: the plaintiff has the right to submit additions to the court more than once.

However, it is not recommended to apply for amendments to the claim too often: if the court (in civil proceedings or in arbitration) considers this to be an abuse, and an appropriate decision is made, then the defendant has the right to demand compensation from the plaintiff for numerous changes to the claims.

• The document must contain the following information:
• Name of the addressee - court/arbitration court;
• Name of the parties to the case, case number;
• Information about the plaintiff: full name, passport details, residential address, telephone number, email address, etc.;
• Information about the defendant;
• Information about other persons participating in the trial;
• Title of the document;
• A strict description of the additions being made to the claim, the reasons for their introduction;
• List of attachments (confirming documents about sending copies of the addendum to the defendant and other persons participating in the process);
• Signature of the plaintiff (authorized person);
• Date the document was sent.

The text of the addendum should be structured as much as possible, and it is recommended to highlight the most significant points: references to regulations, laws, contradictions in the arguments of the second party, previously not highlighted nuances of evidence, etc.

What must be in the text of the addendum (an example of filling out the document):

• The essence of the main claims is stated;
• What changes need to be made to the case, with an explanation of the circumstances that led to the need to make additions;
• A request to the court to perform certain actions (satisfy the plaintiff’s claims and bring him to justice, impose a penalty, etc.).

An addition to a statement of claim in court is the most common way to quickly change, clarify or supplement your position in court. The advisability and admissibility of using this possibility in one or another part of the process is at the discretion of the plaintiff, and is based on circumstances that arise or change during the consideration of the case in court.

The plaintiff must put the petition to change the claims on paper and present it to the judge during the court hearing (before the final decision on the case is made).

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In the event that the adjustment of the claim is associated with an increase in its size, the plaintiff should calculate and additionally pay the state fee.

The receipt must be presented to the judge at the same time as the relevant petition. Reducing the volume of claims entails the return of the state duty that was excessively contributed to the budget.

The law allows the plaintiff to change either the subject or the basis of the claim; it is impossible to change both at the same time.

However, you can first correct, for example, the subject, and then the basis of the claim, that is, first submit one petition to the court, and after its consideration and satisfaction, another.

How to write an addition to a statement of claim?

Application for an increase in claims - sample of the Code of Civil Procedure of the Russian Federation

The procedure for considering an application by the court is carried out according to the rules established by Art. 39 Code of Civil Procedure of the Russian Federation. However, the plaintiff in any case has the right to request an increase in the amount recovered; the court cannot refuse to accept such a request.

During the arbitration process

• New circumstances have appeared;
• The amount of interest has increased (because interest increases from the time the initial application was filed until the hearing of the case);
• There were inaccuracies in the preparation of the first application;
• For other reasons.

The plaintiff has the right to submit a document at any stage of the consideration of the case, until the moment when the judge goes into the deliberation room to make a decision on this process. You can file a petition during the hearing by handing the paper over to the judge, or you can take the document to the court clerk's office. The method of submission by post is also possible, but in this case the letter may get lost and not arrive in time before the judge makes a decision.

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Important! The amount of the claim can be increased only if the claim presented in the previously filed statement of claim is the same. If it is necessary to present an additional claim, then another statement of claim is drawn up.

We are writing a petition

• errors in initial calculations;
• new circumstances of the case (for example, in the case when it is necessary to recover the costs of paying for the participation of a representative in the case);
• in the case of a reduction in claims - forgiveness by the plaintiff of part of the amount recovered;
• a large time interval from the date when the claim was filed to the date when the first hearing is held (in this case, for example, the amount of interest for the use of borrowed funds increases).

According to the rules for bearing legal expenses by the plaintiff, an increase in the price of the claim entails an increase in the amount of the state duty. Therefore, the plaintiff will have to pay it extra (you can submit an application for a deferment or installment payment of the state duty).

Can I, by law, when considering the defendant’s appeal, appeal to the appellate instance with a petition to increase the claims regarding the collection of interest for late payment of monetary obligations, since this issue was not resolved in the court of first instance. Thank you

How to file a petition to increase the amount of claims

After a court decision is made, you do not have the right to increase the amount of claims in the same proceeding. However, you can file an independent claim to recover interest. You will make the calculation from the date indicated in the court decision until the day the debt is paid.

A change in claims should mean a quantitative decrease or increase in material claims against the defendant. The plaintiff may file an application to amend the claims at any stage of the dispute consideration. The application shall indicate the circumstances confirming the plaintiff’s right to replace the claims.

The procedure and terms for consideration by the court of an addition to the claim

How to supplement claims if a claim has already been filed?

The statement of claim can be supplemented by filing a petition to clarify the claims or change the very subject of the claim.

Clarification of claims in civil proceedings is an adjustment of the claim in compliance with the instructions of Article 39 of the Code of Civil Procedure of the Russian Federation.

The law allows the plaintiff to adjust the claims in the statement of claim in two ways:

• adjustment of the subject of the claim, allowing the replacement of substantive rights, and carried out either by transforming the method of protecting subjective rights or by replacing the topic of the dispute and the method of compensation. In the first case, for example, the statement of claim for damages is supplemented by a demand for payment of interest. In the second case, let’s say, instead of paying compensation for a broken car, the plaintiff demands its replacement with a new model;
• replacement of the cause of action, in which the claimant can change or significantly supplement the factors and conditions that motivated the previously filed statement of claim.

Amendments to an already filed claim can only be made in compliance with the procedure prescribed by law.

The algorithm for changing claims in civil proceedings consists of the following actions:

1. Drawing up a separate document that has the same details as the statement of claim itself, and is called “clarification of claims. It is necessary to describe the changes being made, as well as justify the reasons for the clarifications. It is advisable to entrust the preparation of the document to specialists.
2. Application at a court hearing to amend the statement of claim.

It is important to legally competently draw up and justify the claim itself and the clarifications and additions made to it.

After the plaintiff submits an application to clarify the claims, the hearing of the case will begin again.

The parties to the process, witnesses, experts, specialists will be questioned again at the court hearing, and the court will again begin to study the evidence.

As a rule, the defendant objects to the addition of the claim, however, his opinion is not significant for the court if the plaintiff correctly draws up a statement to clarify the claims.

Russian legislation does not establish quantitative restrictions for the plaintiff to introduce clarifications and changes to the claim, so theoretically he can do this indefinitely.

However, repeated applications by the plaintiff to clarify the claims are usually perceived by the court as an abuse of rights by the plaintiff, especially if the documents amending the claim are not sufficiently motivated and do not indicate the essential facts and compelling reasons that led to these changes.

If the court indicates this in the decision made in the case, the defendant has the right to recover compensation from the plaintiff specifically for numerous changes in the claims.

The request to supplement the claim will be considered without fail in both arbitration and civil proceedings. The decision to accept clarifications is fixed by a motivated determination. It usually indicates which requirements the court changed and which of the newly presented ones it accepted.

After making a decision to add clarifications to the case, the court may distribute the burden of proof in a new way, postpone the hearing so that the parties can provide new evidence on the issues under consideration, or prepare documents and information in connection with additions to the claim for the next hearing in a civil or arbitration case.

If the supplemented claim falls within the competence of a different court than the one originally stated, then the satisfaction of the petition to clarify the claim will entail a change in jurisdiction. After the court issues a reasoned ruling on the acceptance of clarifications related to the change in the claim, the time limits for consideration of the case will be calculated anew. The final court ruling will be made taking into account the updated list of requirements.

If the court does not take into account the additions proposed by the petition, the judicial act can be appealed, provided that there is no court decision to reject this application.

In both civil and arbitration proceedings, clarification of a claim is a real opportunity to influence the court’s position regarding the stated claims and to quickly protect one’s rights if new circumstances related to the case being considered in court are revealed.

Request for clarification of requirements

A sample petition for clarification of claims in a civil case, taking into account the latest changes in current legislation. The claims are stated by the applicant in writing in the statement of claim. The statement of claim consists of an introductory part, a descriptive part, stated requirements, and a list of appendices to the claim. It happens that the plaintiff’s claims are stated inaccurately, important points are missed, it is necessary to change the grounds on which the claims are based, or to state their claims differently, to increase or decrease the amount of the claim. That is, submit a corresponding petition.

If it is possible to accurately determine the proposed changes to the claim, we recommend using the following sample statements:

If the essence of the changes is not clear or cannot be clearly formulated, you can draw up a general statement to clarify the claims. In this case, the court, in the course of making such a clarification, will determine what was actually changed in the claim, which will be indicated in the court’s ruling.

An application for clarification of claims is drawn up in any form, but it is recommended to follow the rules for filing a statement of claim in court, which will allow you to more competently and accurately convey your position on the case to the court.

In _________________________ (name of court)

From _________________________________ (full name, address)

in civil case No. _______ on

claim ___________ (full name of the plaintiff)

to ____________ (full name of the defendant)

How to apply?

An application to change the claims is drawn up according to the following structure:

• header : Name and address of the court where the initial claim is being considered;
• Plaintiff's details: full name, registration address, contact details;
• Defendant's details: full name, registration address, contact details;
• The cost of the claim taking into account the amended requirements;

Drawing up a statement of claim to amend the claims will be necessary if the plaintiff, for example, turned to a lawyer for help to support the case after filing the initial statement of claim, which increased the costs of the proceedings. In such situations, as part of an application to change the claims, a lawyer can not only include the cost of his services, but also increase the amount of claims, referring to information already known to the court and pointing out additional grounds. The help of a legally savvy specialist will allow you to get the maximum benefit from a controversial situation.