It is possible, and sometimes necessary, to use a petition for handwriting examination to challenge entries in written documents, including signatures on transactions, acts, and other legally important documents. The study of handwriting can become evidence in cases of claims for recognition of an agreement as not concluded, for the collection of debt under a loan agreement, for invalidating a transaction, for reinstatement at work, for the recovery of material damage, etc. Handwriting examination is also applicable when proving non-compliance with the pre-trial procedure for resolving a dispute. And also in disputes related to inheritance. Yes, even when claiming falsification of evidence.
It makes sense to ask for research not only to identify the person who prepared (filled out, signed) this or that document. But also the conditions in which such a document was drawn up.
How to draw up and submit a request for a handwriting examination, you will learn from the article. But the applicant himself will have to find an expert and pay court costs. In the future, when a decision is made in accordance with the application for the collection of legal costs, the monetary expenses will be reimbursed.
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Application for handwriting examination
Why apply for a handwriting examination?
Facial handwriting is individual. And experts in this field make it possible to establish the identity of records and their belonging to a specific person. Therefore, conducting a handwriting examination allows us to determine who exactly wrote a certain text and who signed it (subject to the availability of samples). It is possible to determine the characteristic properties of a person, under what conditions the text was written (for example, in an unnatural position, in a state of intoxication, etc.).
The purpose of a handwriting examination is to prove the circumstances of the case. They may relate to the identity of the applicant, his opponent, or a specific document. The examination is carried out only on the basis of original written documents and free handwriting samples of the parties. Comparative documents will be selected by the court.
Filing a petition to appoint a handwriting examination is not subject to state duty. But it entails an increase in legal costs. If the examination is ordered at the initiative of the court, it will be paid for from the federal budget. In all other cases - at the expense of the applicant (applicants). In any case, the losing party will have to reimburse the costs of the examination.
Sample application for appointment of a handwriting examination
ATTENTION : our lawyer will help you draw up a petition for the appointment of a handwriting examination: professionally, profitably and on time. Call!
To the Federal Court of Ordzhonikidze District of Yekaterinburg.
Judge Nikulina A.L.
ISETZ:
WITH.
RESPONDENT:
OOO
Petition
on the appointment of handwriting examination in civil proceedings
Your case is pending a civil case regarding S.’s claim against LLC for the recovery of funds under an investment agreement and interest for the use of other people’s funds. During the trial, the plaintiff refers to the investment agreement dated July 25, 2005 in support of his claims. The specified document was submitted to the court signed by B.
USEFUL : everything about the appointment of an expert examination at the initiative of the court or the parties to the case, follow the link on the main part of the site. Watch the VIDEO on the issue of appointing and challenging an expert examination in the case and subscribe to my YouTube channel to be able to receive advice from a lawyer and answers to your questions through comments on the videos:
B. never signed this agreement; the director of the LLC became aware of its existence only at the end of December, after the LLC’s account was arrested on the basis of a default judgment issued on August 16, 2010 by the Ordzhonikidze District Court of the city of Yekaterinburg on S.’s claim against the LLC for recovery funds under the investment agreement and interest for the use of other people's funds and familiarization with the case by photographing.
With this agreement, the plaintiff is trying to prove the existence of a contractual relationship with the LLC and the transfer of 100,000 rubles. If it is established that the signature on this agreement was not made by B, then this document cannot serve as evidence in the case.
To clarify all the circumstances of the case, I consider it necessary to appoint a handwriting examination because the director of LLC B. did not sign the investment agreement, the signature on the presented document does not belong to B., and, therefore, doubts arise about the authenticity of the presented documents.
Questions for the expert: Who, B. or other persons, signed on behalf of B. Director of the LLC in the investment agreement dated July 25, 2005 in the signature column of the parties on the third sheet of the agreement?
According to Art. 79 of the Code of Civil Procedure of the Russian Federation: “if issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert, or several experts. Each of the parties and other persons participating in the case has the right to present to the court issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court. The court must give reasons for rejecting the proposed questions.”
Failure to satisfy my request prevents the adoption of a lawful court decision based on a comprehensive and complete study of the evidence and the factual circumstances of the case.
ATTENTION : if you need to appeal the examination, then read the link on this issue.
Based on the aforesaid and guided by Article. 79 - 81 Code of Civil Procedure of the Russian Federation:
ASK:
- I request that a handwriting (graphological) examination be ordered in the case, with the following questions to the expert:
- Who, B. or other persons, signed on behalf of B. Director of the LLC in the investment agreement dated July 25, 2005 in the signature column of the parties on the third sheet of the agreement?
- The examination will be entrusted to the State Institution of the Ministry of Justice of Russia "Ural Regional Center for Forensic Expertise", located at the address: Ekaterinburg, st. Bazhova, 72.
Date, signature
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Author of the article:
© lawyer, managing partner of the law firm “Katsailidi and Partners”
A.V. Katsaylidi
How to draw up and submit a request for a handwriting examination
It is not difficult to prepare documents for the court yourself. Formulating questions for an expert may cause some difficulties. In this case, contact the site's duty lawyer. Questions are drawn up based on the specifics of the dispute and the range of evidence in the civil case.
General requirements for the content of a request for handwriting examination include:
- name of the court, applicant, parties to the case;
- case number (in the determination to accept the claim for proceedings), the essence of the claims
- name of the application
- the need for handwriting examination - what circumstances can be established by a special study and whether they are included in the scope of evidence in the case
- list of questions for the expert
- It is advisable to indicate the expert or expert institution. To do this, you can send written requests to the relevant institutions in advance (with questions and a request about the possibility of carrying out and prices), and attach the received answer to the application.
- signature and date
A request for a handwriting examination can be submitted at the preliminary court hearing, or at the main court hearing. It is possible simultaneously with a statement about falsification of evidence. It is advisable to send the document in advance to the persons involved in the case with notification of delivery of the letter.
Information letter to the court from an expert organization
An example of an information letter to the court from the Bureau of Forensic Expertise on handwriting examination:
Autonomous non-profit organization "Bureau of Forensic Expertise"
127994, Moscow, st. Tverskaya, 18, bldg. 1, office 704
INN 7743110969 KPP 771001001 OGRN 1147799004682
tel., 8 (919) 109 57 67
e-mail, website: www.sud-expertiza.org
No. 892 dated 08/10/2015
To the Moscow City Court
judge _____
case No. 33-_____
in response to a request from Matrosov V.V.
Information letter on the possibility of conducting a forensic handwriting examination
In response to your request from __________ about the possibility and conditions of conducting a forensic examination, we hereby confirm that the Autonomous non-profit organization “Bureau of Forensic Examinations” conducts forensic handwriting examinations with answers to the questions posed:
- One or different persons signed on behalf of Vitaly Viktorovich Matrosov on the cash receipt order No. 00027 dated 08/11/2014, confirming the issuance of cash from the bank account __________ in the “signature” column and in the line “I received the amount indicated in the cash receipt warrant” ( recipient's signature))?
- Who, Vitaly Viktorovich Matrosov or another person, signed on his behalf on the cash receipt order No. 00027 dated August 11, 2014, confirming the issuance of cash from the bank account __________ in the “signature” column and in the line “The amount indicated in the cash receipt receipt received” (recipient’s signature))?
Cost of forensic examination
The cost of conducting a forensic handwriting examination on issue No. 1 will be 5,000 (Five thousand) rubles.
The cost of conducting a forensic handwriting examination on issue No. 2 will be 10,000 (Ten thousand) rubles.
Duration of the forensic examination
The period for conducting a forensic handwriting examination will be 5 (Five) working days. The period for conducting a forensic examination is calculated from the date of receipt of all necessary materials from the court in full.
Necessary materials for examination
To conduct a forensic handwriting examination on issue No. 2, it is necessary to provide the expert with free, conditionally free and experimental samples of the signature and/or handwriting of the person being checked for comparative research .
- Free signature/handwriting samples are those signature samples that were made on a document created before the date of the dispute and the consideration of the case in court or before the date of creation of the disputed document and are not related to the consideration of a specific case in court (any documents). It is advisable to provide 5 or more samples.
- Conditionally free samples of signature/handwriting were made after the date of the dispute and the consideration of the case in court or after the date of creation of the disputed document. Such samples may be petitions, summonses, objections to the claim and other documents attached to the case materials. It is advisable to provide 5 or more samples.
- Experimental signature/handwriting samples are specifically carried out for forensic examination in the amount of 30-40 signatures (4-5 sheets with signature samples) and/or 4-5 sheets with handwriting samples from different positions of the writer: standing and sitting, at different paces.
Receipt and return of case materials
The case materials and other documents submitted for examination will be received in court and returned to the court by an employee of the ANO "Bureau of Forensic Expertise" or a courier from the Federal State Unitary Enterprise "Spetsvyaz". This service is included in the cost of the forensic examination.
Information about the experts
Carrying out a forensic handwriting examination can be entrusted to one or more experts from the Department of Forensic Expertise and Research of the Department of Experts of the Autonomous Non-Profit Organization “Bureau of Forensic Expertise”:
the head of the Department of Forensic Expertise and Research, Natalia Valerievna Kulakova , who has a higher education in chemistry (diploma No. 350514, issued by the Saratov Order of the Red Banner of Labor State University named after N.G. Chernyshevsky on June 21, 1993); certificate No. 000246, issued by the State Educational Institution Saratov Law Institute of the Ministry of Internal Affairs of Russia, granted the right to conduct handwriting examinations, the right to conduct technical and forensic examinations of documents; awarded the scientific degree of Candidate of Chemical Sciences; in 2021, advanced training was completed under the program “Technical and forensic examination of documents”, “Handwriting examination”; experience as an expert since 2003;
expert Potitnya Anastasia Aleksandrovna , who has a higher legal education; qualification "Forensic expert" in the specialty "Forensic examination" (diploma with honors 107724 0343485 dated July 11, 2014, issued by the Federal State Budgetary Educational Institution of Higher Professional Education "Moscow State Law University named after O.E. Kutafin (MSAL)"), experience expert work in the field of forensic handwriting since 2014;
expert Polina Yuryevna Strokova , who has a higher legal education, qualification “Forensic Expert” in the specialty “Forensic Expertise” (honors diploma 107718 0530409 dated July 10, 2015, issued by the Federal State Budgetary Educational Institution of Higher Professional Education “Moscow State Law University named after O. E. Kutafina (MSAL)”), experience as an expert in the field of forensic handwriting since 2015.
CEO
ANO "Bureau of Forensic Expertise" P.V. Palkin
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Consideration by the court of a petition for handwriting examination
The court is obliged to consider the petition received by it at a court hearing, having heard the opinions and objections to the petition of the persons participating in the case. It is the prerogative of the court to satisfy the request or refuse to order an examination. How to approve the final list of questions for the expert. All arguments and objections received during the consideration of the petition are reflected in the minutes of the court session, which can be viewed within 5 days from the date of signing by the judge and the secretary. In addition, a continuous audio recording of the court hearing is currently being conducted.
A private complaint cannot be filed against a court’s decision to refuse to satisfy a request for a handwriting examination, but such a refusal can be made the basis of an appeal against the court’s decision.
